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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: the main body frame(410) and the battery(420). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 4 is objected to because of the following informalities: the wording in line 6 is unclear “which is connected to the inner cylinder at an upper end and extends downward from the upper end, are coupled; and..” . Appropriate correction is required.
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 3 and 5-6 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 3, line 8, the claims sets forth “a plurality of white light sources” , claim 3 depends on claim 1 which also sets forth “ a white light source” in line 7 of the claim, it is unclear of the white light sources are intended to be in addition to what is claimed in claim 1 or part of the white light source in claim 1. Also, in the last line, “the outer side of the light diffusion member” lacks antecedent basis.
Regarding claim 5, line 4, “the same inner and outer circumferential surfaces” lacks antecedent basis.
Regarding claim 6, line 5, “the white light sources” and “each white light source” are unclear if the limitations intend to include the white light source set forth in claim 1 as well as the white light sources set forth in claim 3.
Claim Rejections - 35 USC § 103
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 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) 1-3, 11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al.(GB2444855) hereinafter Kang et al. in view of Song et al. (KR20170037737) hereinafter Song et al .
Kang et al. teaches A system for photodynamic diagnosis and therapy of skin diseases comprising camera head 100 with view hole 111, white light source 130 for color imaging and light source 200 for fluorescence excitation imaging and therapeutic photodynamic therapy of skin region 1. Camera 120 records images which are processed, analyzed and synthesized by computer 310. Camera head 100 includes case 110 manufactured using a light impermeable material and a handle (101, fig. 3). Light guide 201 connects source 200 to case 110. Optical system 140 includes a lens (141, fig. 3), filter exchange unit (142, fig. 3) and filters (144, 145, 146, fig. 4). Source 200 comprises lamps (221, 222, fig. 5), a switching path coupling unit (240, fig. 5) and a filter exchange unit (250, fig. 5) containing a plurality of filters (252, fig. 5). the optical system may include an optical adapter comprising a plurality of lenses capable of providing a uniform light output power and formed in the end portion of the light guide 201 or a diffusion plate for uniformly diffusing the light incident to the view hole 111. Camera 120 records images which are processed, analyzed and synthesized by computer 310.
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Regarding claim 1, Kang et al. teaches a camera module(120), wherein the camera module(120) includes a camera part including an image sensor(121 in fig.4) and a lens(141), a light diffusion member disposed on an optical axis of the camera part, a filter(142) disposed between the camera part and the light diffusion member to block light of a predetermined wavelength that is incident on the camera part, a UV light source(200), and a white light source(130, 200), wherein the light diffusion member is configured to diffuse and guide light emitted from each of the white light source and the UV light source to direct the light onto a measurement target region, and wherein the camera part is configured to capture an image of the measurement target region illuminated by the light.
Kang et al. does not specifically teach where the filter(142) is a blue-cut filter.
Song et al. teaches in the same field of endeavor an acne diagnosis apparatus for analyzing information about a part of the skin to be predicted to have acne by emitting light to the skin to photograph the skin and analyzing the photographed image. The diagnosis apparatus comprises: a photographing module having a housing of which front end part is in contact with the skin, a substrate installed in the housing, and an LED mounted on the substrate and emitting light of a first wavelength band toward the skin being in contact with the front end part; and a fixing module having a base fixed to a mobile terminal, and a first attachment unit detachably coupled with the photographing module.
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The photographing module 2 includes, as its casing, a housing 20 which houses therein various structures. The housing 20 has a hollow cylindrical large-diameter portion having a relatively large diameter, a distal end portion of which is in contact with the periphery of the skin to be photographed and prevents light other than light emitted from the LED 40 from being irradiated to the skin to be photographed 22, a proximal end thereof is fastened and fixed to the first detachable attachment 81, and the light emitted from the skin is applied to the image sensor 94 of the portable terminal 90, A hollow cylindrical small-diameter portion 26 on which optical components are installed, and an annular flat plate-shaped step 23 connecting the large-diameter portion and the small-diameter portion to each other. In the small-diameter portion 26, the wide-angle lens 62 and the long-pass filter 64 are fitted and fixed in order, respectively. In the embodiment, the wide-angle lens 62 and the long-pass filter 64 are fixed to the inner surface of the small-diameter portion in an interference fit manner. However, other conventional fixing methods are also applicable. When the intensity of the light in the blue wavelength range is excessively high (see " Spectrum Obtained from the Skin After Light Irradiation "in FIG. 5), the R, G and B sensors sense and react to it, The light in the spectral range cannot be properly detected. Therefore, when the skin is photographed, the skin is not directly photographed by a sensor such as a CCD, and a filter capable of cut-off the blue light spectrum region is provided in the optical path for photographing. In order to diagnose acne according to the diagnostic method, for example, the long-pass filter 64 may be configured to pass only light having a wavelength of more than 500 nm so as to include light of the second wavelength band. That is, the long-pass filter 64 functions to exclude blue light, which is the first wavelength range irradiated to the skin,
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of Kang et al. to include a blue-cut filter to better diagnose various skin issues as taught by Song et al.
Regarding claim 2, Kang et al. as modified by Song et al. teaches the claimed invention as set forth above including a switching path coupling unit(240) with the movement of the frame 241 of the switching path-coupling unit 240, it is possible to selectively transmit the lights of the two lamps or the light of one of the two lamps and the filter exchange unit 250 may comprise a filter for fluorescence excitation, a filter for photodynamic therapy, a filter for white light observation. The device of Kang et al. allows for sequentially capturing images with white light and fluorescent light and then analyzing the images from the two sources at the same time.
However, Kang et al. does not specifically teach the wavelength range of the blue-cut filter of 360nm-440nm.
Song et al. teaches in the same field of endeavor teaches the skin is not directly photographed by a sensor such as a CCD, and a filter capable of cut-off the blue light spectrum region is provided in the optical path for photographing. In order to diagnose acne according to the diagnostic method, for example, the long-pass filter 64 may be configured to pass only light having a wavelength of more than 500 nm so as to include light of the second wavelength band. That is, the long-pass filter 64 functions to exclude blue light. Song et al. also teaches when the intensity of the light in the blue wavelength range is excessively high (see " Spectrum Obtained from the Skin After Light Irradiation "in FIG. 5), the R, G and B sensors sense and react to it, The light in the spectral range cannot be properly detected. Therefore, when the skin is photographed, the skin is not directly photographed by a sensor such as a CCD, and a filter capable of cut-off the blue light spectrum region is provided in the optical path for photographing.
As discussed above Kang et al. teaches using various filters to focus on the desired band of wavelengths for effective diagnosis of skin disease. It is noted that there are a limited number of available choices to a person of ordinary skill in the art for filtering out or excluding desired or particular wavelengths such as blue light wavelengths. Song et al. teaches excluding wavelengths above 500nm and excluding blue light to better obtain the desired image for diagnosing skin issues. Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Kang et al. to exclude the 360nm-440nm wavelength range using the blue-cut filter of Song et al. and choosing the desired range of wavelengths from a finite number of identified, predictable solutions, with a reasonable expectation of successfully imaging and diagnosing desired skin disorders. See KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007).
Regarding claim 3, Kang et al. as modified by Song et al. teaches the claimed invention including Kang et al. shows plural wight light sources (a white light source(130) and a white light source 201) arranged on opposite sides of the case 110 and opposite sides of the central axis of the camera and it is noted the case 110 includes a bottom plate portion with a through hole for the camera. Being away from the central axis of the camera would also be interpreted as an outer side ( away from the center) of the diffusion plate that covers the opening 111.
Kang et al. does not specifically show the light sources as being symmetrically arranged around the optical axis of the camera.
Song et al. teaches in the same field of endeavor an acne diagnosis apparatus for analyzing information about a part of the skin to be predicted to have acne by emitting light to the skin to photograph the skin and analyzing the photographed image. The housing 20 has a hollow cylindrical large-diameter portion having a relatively large diameter, a distal end portion of which is in contact with the periphery of the skin to be photographed and prevents light other than light emitted from the LED 40 from being irradiated to the skin to be photographed. The LEDs 40 are mounted at equal intervals around the annular substrate portion so that the orientation of the imaging module 2 is not required to be taken into consideration when the imaging module 2 is fixed to the portable terminal 90.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of Kang et al. to arrange the light sources at equal intervals around optical axis as taught by Song et al. so that the orientation of the imaging module is not required to be taken into consideration while in use.
Regarding claim 11, Kang et al. as modified by Song et al. teaches the claimed invention as set forth above and Kang et al. teaches a computer for analyzing and processing the images and a power unit for driving the light source system and the computer coupled to the camera and sensor system.
Kang et al. does not specifically a main body part including a battery, a main printed circuit board (PCB), and a main body frame to which the battery and the main PCB are fixed; and
a sensor module coupled to the main body part and including a camera module mounted on a sensor board.
Song et al. teaches in the same field of endeavor a substrate 30 provided with a control circuit for controlling the operation of various components including LEDs is provided inside the housing 20. The substrate used in the present invention is provided on the inner surface side of the aforementioned step 23 and has an annular flat plate shape like the step 23. A circular hole 32 is formed in the center of the substrate 30, and the diameter of the hole has a dimension corresponding to the inner diameter of the small diameter portion 26. On the front face of the annular substrate 30, an LED 40 for irradiating the light of the first wavelength band toward the distal end of the opened large-diameter portion 22 is provided. The LEDs 40 are mounted at equal intervals around the annular substrate portion so that the orientation of the imaging module 2 is not required to be taken into consideration when the imaging module 2 is fixed to the portable terminal 90. A control circuit for controlling the operation of the LED is provided on the substrate 30, and a switch for turning on / off the photographing module 2 is provided. The substrate 30 is also electrically connected to a battery 53, which is housed in the housing 20. The battery 53 has an annular shape as shown and may be connected to the substrate 30 so as to be disposed between the tab 23 and the substrate 30. The substrate 30 is also provided with a power control section for controlling the charging or discharging of such a battery. The battery 53 is a secondary battery such as a lithium polymer battery. Charging and discharging may occur reversibly. A charging terminal for connecting an external power source for charging the battery 53 is provided on the substrate 30. The image sensor is coupled to the main body or housing 20.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of Kang et al. to include a battery and circuit board coupled to the camera as taught by Song et al. to more efficiently manage the power of the device.
Regarding claim 14, Kang et al. as modified by Song et al. teaches the claimed invention as set forth above including in Kang et al. where the sensor module is covered by a casing (110) which includes a narrowed portion or cap that forms a view hole(111) comes in close contact with the skin and may include and surround a diffusion plate for uniformly diffusing the light incident to the view hole(111). Note figure 8 and the corresponding description.
Claim(s) 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al.(GB2444855) hereinafter Kang et al. in view of Song et al. (KR20170037737) hereinafter Song et al. as set forth above and further in view of Youngquist et al.( US 20150230863) hereinafter Youngquist et al.
Regarding claim 13, Kang et al. as modified by Song et al. teaches the claimed invention as set forth above and Kang et al. teaches a computer ( which includes a memory and a processor and communication module) for analyzing and processing the images and a power unit for driving the light source system and the computer coupled to the camera and sensor system.
Kang et al. does not specifically teach the main body part( housing 110) including the circuit board , the memory, processor, or communication module. Song et al. teaches a substrate with control circuitry( processor), a battery and various communication protocols.
Kang et al. as modified by Song et al. does not specifically teach where the circuit board includes a memory or where the sensor module includes an environment sensor.
Youngquist et al. teaches in the same field of endeavor A dermatological treatment and analysis system includes a handheld treatment device having a handheld body, a treatment radiation source that delivers a dermatological treatment to the skin, and skin sensor(s) configured to generate signals indicative of one or more skin properties. A wireless transmitter is integrated in the handheld treatment device or in a docking/charging station that receives the handheld treatment device. The wireless transmitter is configured to receive skin-related data comprising the signals from the at least one skin sensor and/or information derived from such signals, and to wirelessly transmit the received skin-related data for analysis of the skin-related data by a remote data analysis system, which may analyze the received skin-related data to generate skin analysis data, and communicate the skin analysis data as feedback to the user of the handheld treatment device, e.g., via a website or application hosted on an internet-connected device of the user. Note figs 1 and 6, paragraph [0113] Control systems 18 may include one or more sensors 26 and/or user interfaces 28 for facilitating user interaction with device 10A, and control electronics 30 for processing data (e.g., from sensors 26 and/or user interfaces 28) and generating control signals for controlling various components of device 10A. Control electronics 30 may include one or more processors and memory devices for storing logic instructions or algorithms or other data. Memory devices may include any one or more device for storing electronic data (including logic instructions or algorithms), such as any type of RAM, ROM, Flash memory, or any other suitable volatile and/or non-volatile memory devices. Logic instructions or algorithms may be implemented as software, firmware, or any combination thereof. Processors may include any one or more devices, e.g., one or more microprocessors and/or microcontrollers, for executing logic instructions or algorithms to perform at least the various functions of device 10A discussed herein. Control electronics 30 may include exclusively analog electronics or any combination of analog and digital electronics. Paragraph [0134] At least one skin-contact sensor 204 for detecting contact between device 10 and the skin or treatment area 40. For example, device 10 may include one or more capacitive contact sensors 204 for detecting contact with the user's skin. As discussed below regarding skin quality sensors 218, one or more capacitive contact sensors 204 may double as a skin moisture sensor, as the coupling capacitance between the capacitive stack and the skin is sensitive to skin moisture content, wherein higher moisture yields higher capacitance.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of Kang et al. as modified by Song et al. to include a memory, processor, communication and environment sensors such as a moisture sensor to better diagnose skin problems and enable better treatment based on the diagnosis as taught by Youngquist et al.
Regarding claim 15, Kang et al. as modified by Song et al. teaches the claimed invention as set forth above including using an image sensor of a portable terminal such as a smart phone or a tablet carried by each individual, a computing device (CPU), a memory, and the like together.
Kang et al. as modified by Song et al. does not specifically teach a server.
Youngquist et al. teaches [0006] Recent advances in chip module for wireless internet connectivity, e.g., via WiFi or Bluetooth communications, have provided an opportunity to integrate the feature of wireless internet connectivity into portable devices for data communication. When applied to an electronics controlled cosmetic device, the integrated wireless communication feature can be used to upload to web data servers device internal usage and smart sensor data for user feedback and routine optimization suggestion. A main microcontroller of the portable device collects and processes real-time treatment usage and sensor feedback data. With each treatment, the portable device broadcasts the use data to a smart phone, tablet, or local computer through Bluetooth or to a home WiFi hotspot. These data are then transmitted to a web data server and time stamped. The collected data are aggregated and analyzed for trending feedback and skin care routine optimization, and related feedback is provided via the internet, e.g., at a website, hosted application, via emails, text messages, or in any other manner.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of Kang et al. as modified by Song et al. to include a server as taught by Youngquist et al. to better track treatment/routine results and establish correlation with treatment/routine. Internet connectivity and simplified data trend visualization will enable users to optimize their routine based on their treatment and results statistics.
Conclusion
Allowable Subject Matter
Claims 4-10 and 12 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.
The prior art of record does not reasonably teach alone or in combination:
the subject matter of claims 4 and 12 , wherein the light diffusion member is formed as one body made of a transparent plastic material and has a double cylinder structure in which an inner cylinder having a hollow portion formed therein along a central axis thereof and an outer cylinder, which is connected to the inner cylinder at an upper end and extends downward from the upper end, are coupled; and the UV light source is disposed between the inner cylinder and the outer cylinder.
The subject matter of claim 5, the central axis of the hollow portion is coaxial with the optical axis;
the inner cylinder and the outer cylinder are coaxial, are connected at an upper portion to share the same inner and outer circumferential surfaces, and are spaced apart from each other at a lower portion so that a lower space is formed between the inner and outer cylinders;
an intermediate portion is formed around the inner cylinder and disposed between the inner cylinder and the outer cylinder; and the intermediate portion is branched downward from an outer circumferential portion of the inner cylinder and extends vertically, and an inner circumferential surface of a lower end of the intermediate portion is configured in a shape corresponding to the blue- cut filter to circumscribe a side edge of the blue-cut filter.
The subject matter of claim 6, one or more connecting portions are formed to radially extend from the inner cylinder of the light diffusion member about the optical axis and be connected to the outer cylinder; and
the white light sources are disposed adjacent to outer sides of the one or more connecting portions so that each white light source faces one of the connecting portions.
The subject matter of claim 10, a separation plate disposed under the light diffusion member,
wherein the separation plate is made of a non-light-transmissible material and has a through-portion formed at a center and a blocking wall formed to protrude upward from a circumference of the through-portion, the blue-cut filter is seated on a seating portion formed at the blocking wall and is positioned at an upper end of the through-portion, a central axis of the through-portion at the center is coaxial with the optical axis, the UV light source is disposed at an outer side of the blocking wall,
the white light source is positioned more outward from the optical axis than the UV light source, and
the light diffusion member is disposed on the separation plate.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HWANG(2017155265) teaches a multispectral imaging device in accordance with one embodiment comprises: an illumination unit for emitting LED lighting to the skin for skin illumination; and a detection unit for causing light reflected from the skin to be incident on a camera, wherein the illumination unit is arranged on the outer side of the detection unit, so that a path of the LED lighting emitted from the illumination unit is formed on the outer side of the detection unit, and a path of the light reflected from the skin is formed on the inner side of the detection unit.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791