DETAILED ACTION
This action is pursuant to the claims filed on 09/22/2023. Claims 1-20 are pending. A first action on the merits of claims 1-20 is as follows.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/23/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-7 and 9-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 20180115212, translation included) in view of Deroberts (U.S. PGPub No. 2014/0155962).
Regarding claim 1, Kwon teaches a light therapy device for treating a user's skin, comprising:a neckband for wearing on the user's neck (Fig 2 neckband 200); a power supply within the neckband or carried by the neckband (Pg 7 of translation; power supply 140 may include a neckband 200 to supply power to skin attachment 100), wherein the power supply is a battery or battery compartment for receiving a battery (power supply 140 is a battery capable of being charged); a light-emitting appliance for applying to a part of the user's head (Figs 1, 5, 6, skin attachment 100 comprising light emitting portion 130), wherein the light- emitting appliance comprises light diodes (Pg 6, second paragraph disclosing light emitting element 130 as an LED); an external electrical wire for connecting the power supply to the light-emitting appliance (Pg 4 “A power supply 140 for supplying power to the light emitting unit 130 and the like and a micro lead 150 for receiving power from the outside of the skin attachment 100”, Pg 7, “Although the neckband 200 is illustrated above as a power source external to the skin attachment 100” disclosing the neckband as being connected to skin attachment via wire lead 150 for providing power thereto).
Kwon fails to explicitly teach the external electrical wire for connecting the power supply to the light emitting appliance.
In related prior art, Deroberts teaches a similar comprising a similar neckband with a power supply and an external electrical wire for connecting the power supply to the light-emitting appliance. (Fig 1 and 12-16, power cable 14 interconnecting power supply 4 with appliance 3). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Kwon in view of Deroberts to incorporate the external wire for connecting the power supply to the light emitting appliance to arrive at claim 1. Doing so would be obvious to one of ordinary skill in the art as the use of electrical wires for electrically interconnecting components is well-known in the art to yield the predictable result of electrically coupling components of a system (Pg 4 and 7 of Kwon establishing that power supply powers light elements 130 and that the neckband 200 includes power supply 140 as a power source external to skin attachment 100; Deroberts power cable 14 for electrically coupling power supply 4 to similar apparatus 3).
Regarding claim 2, Kwon further teaches wherein the neckband is part of a neckband assembly comprising the neckband and the power supply, and the neckband carries the power supply (Pg 7, power supply 140 may include neckband such that the neckband 200 carries the power supply 140).
Regarding claim 3, Kwon further teaches wherein the power supply is a battery pod that comprises a battery or a battery compartment for receiving a battery (Pg 6 disclosing power supply 140 as a battery).
Regarding claim 4, Kwon/Deroberts teaches the device of claim 2 as stated above, Kwon further teaches wherein the neckband comprises two arms (Fig 2 neckband has two arms that wrap around the neck).
Kwon fails to teach that meet and separate by a releasable fastener mechanism.
Deroberts teaches a similar device comprising a neckband for wearing on the user's neck (Fig 1, power supply 4 with hook and loop stretchable straps 2 that is capable of being worn on the user’s neck); wherein the neckband comprises two arms that meet and separate by a releasable fastener mechanism (Fig 1, hook and loop straps 2 meet and separate via the hook and loop fasteners). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the neckband of Kwon in view of Deroberts to incorporate the neckband with two arms that are separable by a releasable fastener mechanism to arrive at claim 4. Doing so would be obvious to one of ordinary skill in the art as the use of releasable fasteners is well-known in the art to yield the predictable result of allowing for a secure and adjustable attachment to a user.
Regarding claim 5, Kwon further teaches wherein the neckband has an inner perimeter side, and the neckband does not have any light diodes on the inner perimeter side (Figs 1-5, neckband 200 does not have light diodes on inner perimeter; light diodes are found on skin attachment devices 100).
Regarding claims 6-7, Kwon/Deroberts teaches the device of claim 1 as stated above,
Kwon fails to teach wherein the neckband has an open configuration and a closed configuration.
Deroberts teaches a similar device comprising a neckband for wearing on the user's neck (Fig 1, power supply 4 with hook and loop stretchable straps 2 that is capable of being worn on the user’s neck); wherein the neckband has an open configuration and a closed configuration (Fig 1, hook and loop straps 2 meet and separate via the hook and loop fasteners to be in open and closed configurations); wherein the neckband comprises a releasable fastener mechanism that is engaged in the closed configuration and disengaged in the open configuration (Fig 1, hook and loop straps 2 meet and separate via the hook and loop fasteners to be in open and closed configurations). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the neckband of Kwon in view of Deroberts to incorporate the neckband with two arms that are separable by a releasable fastener mechanism to arrive at claims 6-7. Doing so would be obvious to one of ordinary skill in the art as the use of releasable fasteners is well-known in the art to yield the predictable result of allowing for a secure and adjustable attachment to a user.
Regarding claim 9, Kwon/Deroberts teaches the device of claim 1 as stated above,
Kwon is silent to the connection of the electrical wire to the light emitting appliance and power supply.
Deroberts teaches a similar device wherein the electrical wire is pre-connected to the light-emitting appliance, or is pre-connected to the power supply, or is a separate component for connection to both the light-emitting appliance and the power supply (Figs 1 and 12-16, power cable is either pre-connected to both power supply 4 and light emitting apparatus 3 or is separate). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical wire of Kwon in view of Deroberts to incorporate the electrical wire pre-connected or as a separate component to arrive at claim 9. Doing so would be obvious to one of ordinary skill in the art as the use of a power cable to interconnect a power supply and a light emitting apparatus is well-known in the art to yield predictable results therein.
Regarding claim 10, Kwon/Deroberts teaches the device of claim 1 as stated above.
Deroberts further teaches a similar device comprising an external electrical wire for connecting the power supply to the light-emitting appliance (Fig 1 and 12-16, power cable 14 interconnecting power supply 4 and apparatus 3; it is noted Fig 14 and 16 appear to show the power cable 14 having a length approximating 75 cm).
Kwon/Deroberts discloses substantially all the limitations of the claim(s) except for a length of 75 cm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwon in view of Deroberts to incorporate an electrical wire of 75 cm, since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Kwon and Deroberts would not operate differently with the claimed 75 cm length since both Kwon and Deroberts disclose an electrical interconnection between the analogous neckband and light-emitting device. Further, applicant places no criticality on the length claimed, indicating simply that “the wire length could be 75 cm or 60 cm; or in the range of 20-75 cm, or in the range of 20-60 cm ([0007] of applicant’s PGPub No. 2024/0100353).
Regarding claim 11, Kwon teaches A light therapy device for treating a user's skin, comprising: a neckband assembly (Fig 2 neckband 200) comprising: a neckband for wearing on the user's neck (Fig 2 neckband 200); a battery pod carried by the neckband, wherein the battery pod comprises a battery or a battery compartment for receiving a battery (Pg 7 of translation; power supply 140 may include a neckband 200 to supply power to skin attachment 100; Pg 6 disclosing power supply 140 as a battery such that portion of neckband for receiving battery is a battery pod); a light-emitting appliance for applying to a part of the user's head (Figs 1, 5, 6, skin attachment 100 comprising light emitting portion 130), wherein the light- emitting appliance comprises light diodes (Pg 6, second paragraph disclosing light emitting element 130 as an LED); an external electrical wire for connecting the battery pod to the light-emitting appliance (Pg 4 “A power supply 140 for supplying power to the light emitting unit 130 and the like and a micro lead 150 for receiving power from the outside of the skin attachment 100”, Pg 7, “Although the neckband 200 is illustrated above as a power source external to the skin attachment 100” disclosing the neckband as being connected to skin attachment via wire lead 150 for providing power thereto).
Kwon fails to explicitly teach the external electrical wire for connecting the battery pod to the light emitting appliance.
In related prior art, Deroberts teaches a similar comprising a similar neckband with a power supply and an external electrical wire for connecting the power supply to the light-emitting appliance. (Fig 1 and 12-16, power cable 14 interconnecting power supply 4 with appliance 3). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Kwon in view of Deroberts to incorporate the external wire for connecting the power supply to the light emitting appliance to arrive at claim 11. Doing so would be obvious to one of ordinary skill in the art as the use of electrical wires for electrically interconnecting components is well-known in the art to yield the predictable result of electrically coupling components of a system (Pg 4 and 7 of Kwon establishing that power supply powers light elements 130 and that the neckband 200 includes power supply 140 as a power source external to skin attachment 100; Deroberts power cable 14 for electrically coupling power supply 4 to similar apparatus 3).
Regarding claims 12-14, Kwon/Deroberts teaches the device of claim 11 as stated above, Kwon further teaches wherein the neckband comprises two arms (Fig 2 neckband has two arms that wrap around the neck).
Kwon fails to teach wherein the neckband has an open configuration and a closed configuration; wherein the neckband is in closed configuration when the two arms meet and in open configuration when the two arms are separated; wherein the two arms meet by a releasable fastener mechanism.
Deroberts teaches wherein the neckband has an open configuration and a closed configuration (Fig 1, power supply 4 hook and loop straps 2 meet and separate via the hook and loop fasteners to be in open and closed configurations); wherein the neckband is in closed configuration when the two arms meet and in open configuration when the two arms are separated (Figs 1 and 12-16, open configuration of power supply 4 is when straps 2 are separated and closed configuration is when straps 2 meet); wherein the two arms meet by a releasable fastener mechanism (Fig 1 [0032] straps 2 are hook and loop fasteners). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the neckband of Kwon in view of Deroberts to incorporate the neckband with two arms that are separable by a releasable fastener mechanism and able to be provided in a closed or open position by said releasable fastener to arrive at claims 12-14. Doing so would be obvious to one of ordinary skill in the art as the use of releasable fasteners is well-known in the art to yield the predictable result of allowing for a secure and adjustable attachment to a user.
Regarding claim 15, Kwon/Deroberts teaches A method for skin therapy, comprising: having a light therapy device of claim 1 (see rejection of claim 1 above); wearing the neckband on the neck (see Fig 2); applying the light-emitting appliance to a treatment site on the head (see Figs 5-6, skin attachment device 100); activating the device to cause the light-emitting appliance to emit therapeutic light (bottom of Pg 4 of translation disclosing on/off for controlling light therapy; the device functioning as disclosed necessarily requires an activation of the device); performing light therapy to the treatment site (Pg 3, invention is a light emitting device for performing phototherapy); removing the neckband from the neck (Pg 7, neckband is worn by a user, and, in turn eventually removed by the user after use of the device as the neckband is not disclosed as a permanent feature to the user’s neck).
Regarding claim 16, Kwon/Deroberts teaches the device of claim 15 as stated above,
Kwon fails to explicitly teach connecting the external electrical wire to the power supply, or the light-emitting appliance, or both.
Deroberts teaches a similar device and method comprising the step of connecting the external electrical wire to the power supply, or the light-emitting appliance, or both (Fig 1 and 12-16, power cable 14 is connected to power supply 4 and analogous light emitting appliance 3). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kwon in view of Deroberts to incorporate the step of connecting the external electrical wire to the power supply and/or light emitting appliance to arrive at claim 16. Doing so would be obvious to one of ordinary skill in the art as connecting an electrical wire to a power supply and/or appliance is well-known in the art to yield the predictable result of providing power to the device.
Regarding claims 17-18, Kwon/Deroberts teaches the device of claim 15 as stated above,
Kwon fails to explicitly teach wherein the neckband has an open configuration and a closed configuration, and the method further comprises: having the neckband in open configuration to wear the neckband; closing the neckband into closed configuration; after performing the light therapy, opening the neckband into open configuration to remove the neckband.
Deroberts teaches a similar device and method comprising the step of wherein the neckband has an open configuration and a closed configuration (Fig 1, power supply 4 hook and loop straps 2 meet and separate via the hook and loop fasteners to be in open and closed configurations), and the method further comprises: having the neckband in open configuration to wear the neckband; closing the neckband into closed configuration; after performing the light therapy, opening the neckband into open configuration to remove the neckband (Figs 1 and 12-16, power supply 4 with hook and loop straps 2 are opened to apply the neckband to a user, then closed via hook and loop fasteners to secure the neckband, and necessarily removed at some point following the therapy); opening the neckband into open configuration to wear the neckband (hook and loop fasteners of straps 2 are opened prior to applying power supply to a user’s body, then fastened to secure the neckband in location, and finally opened to remove the neckband). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the neckband of Kwon in view of Deroberts to incorporate the neckband with hook and loop fasteners such that the method of applying the neckband to a user requires opening the neckband to wear it, closing the neckband to secure it, and opening the neckband to remove it to arrive at claims 17-18. Doing so would be obvious to one of ordinary skill in the art as the use of releasable fasteners is well-known in the art to yield the predictable result of allowing for a secure and adjustable attachment to a user. Furthermore, the steps of opening a hook-and-loop fastener to apply the neckband to a user prior to the therapy, closing the hook-and-loop fastener to secure the neckband, and opening the hook-and-loop fastener to remove the neckband after therapy has completed are both steps well-known in the art with hook-and-loop fasteners to yield predictable results therein.
Regarding claims 19-20, Kwon/Deroberts teaches the device of claim 17 as stated above,
Kwon fails to explicitly teach wherein the neckband has a releasable fastener mechanism, and the method further comprises:having the fastener mechanism disengaged to wear the neckband; engaging the fastener mechanism to close the neckband; disengaging the fastener mechanism to open the neckband for removal; disengaging the fastener mechanism to open the neckband for wearing.
Deroberts teaches a similar device and method comprising the step of wherein the neckband has a releasable fastener mechanism (Fig 1, power supply 4 hook and loop straps 2 meet and separate via the hook and loop fasteners to be in open and closed configurations), and the method further comprises:having the fastener mechanism disengaged to wear the neckband; engaging the fastener mechanism to close the neckband; disengaging the fastener mechanism to open the neckband for removal (Figs 1 and 12-16, power supply 4 with hook and loop straps 2 are disengaged to apply the neckband to a user, then engaged via hook and loop fasteners to secure the neckband, and necessarily disengaged to be removed at some point following the therapy); disengaging the fastener mechanism to open the neckband for wearing (hook and loop fasteners of straps 2 are disengaged prior to applying power supply to a user’s body, then engaged to secure the neckband in location, and finally disengaged to remove the neckband). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the neckband of Kwon in view of Deroberts to incorporate the neckband with hook and loop fasteners such that the method of applying the neckband to a user requires opening the neckband to wear it, closing the neckband to secure it, and opening the neckband to remove it to arrive at claims 19-20. Doing so would be obvious to one of ordinary skill in the art as the use of releasable fasteners is well-known in the art to yield the predictable result of allowing for a secure and adjustable attachment to a user. Furthermore, the steps of opening a hook-and-loop fastener to apply the neckband to a user prior to the therapy, closing the hook-and-loop fastener to secure the neckband, and opening the hook-and-loop fastener to remove the neckband after therapy has completed are both steps well-known in the art with hook-and-loop fasteners to yield predictable results therein.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon in view of Deroberts, and in further view of Pepitone (U.S. PGPub No. 2014/0350643).
Regarding claim 8, Kwon/Deroberts teaches the device of claim 2 above.
Kwon/Deroberts fails to teach wherein the neckband has a permanent closed loop configuration.
In related prior art, Pepitone teaches a similar light therapy device comprising a similar neckband that has a permanent closed loop configuration (Fig 11 and [0045] adjustable strap 28 is a permanent closed loop that can be tightened or loosened via a dial knob 54). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the neckband of Kwon in view of Deroberts and Pepitone to incorporate the permanent closed loop configuration to arrive at claim 8. Doing so would be a simple substitution of one well-known neckband configuration (Kwon Fig 2 neckband 200 in an open loop configuration) for another well-known neckband configuration (Pepitone Fig 11, strap 28 is permanently closed with adjustable dial knob) to yield the predictable result of a neckband capable of being securely worn by a user around the neck.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam Z Minchella whose telephone number is (571)272-8644. The examiner can normally be reached M-Fri 7-3 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Stoklosa can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794