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 .
Claim Objections
Claim 8 is objected to because of the following informalities:
1. “in respond to a signal” in line 6
2. “in respond to a signal” in line 8.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are:
“a first control part” in claim 1 interpreted to be a control key
“a second control part” in claim 1 interpreted to be a control key
“first light-emitting module” interpreted to be an ultraviolet LED.
“second light emitting module” interpreted to be an ultraviolet LED
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-3, 5-6, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Danny Lee Haile, (US 20170100704), hereinafter referred to as Haile, and in further view of Ghu-rong Zhu (CN 206152867), hereinafter referred to as Zhu.
Regarding claim 1, Haile teaches a manicure curing device capable of preventing excessive ultraviolet irradiation, including: a housing having an internal cavity, in which the internal cavity has an upper surface, a left surface, a right surface and a lateral opening for entry and exit of a target (Fig. 2 as annotated below);
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a first light-emitting module disposed at a front end of the upper surface; a second light-emitting module disposed at a rear end of the upper surface (Fig. 6 as annotated below);
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Haile fails to teach a first control part configured to control the first light-emitting module to emit light and the second light- emitting module not to emit light and a second control part configured to control the second light-emitting module to emit light and the first light- emitting module not to emit light.
However, Zhu teaches a first control part (multiple electrode capacitor type touch control key 41 (para. [0027])) and Fig. 2 as annotated below) configured to control the first light-emitting module to emit light and the second light- emitting module not to emit light (When in use, a hand is placed inside the lampshade 1, and the corresponding touch electrode 411 senses the touch of each finger. The multi-electrode capacitive touch button 41 illuminates the corresponding ultraviolet LED through the electrically connected drive control circuit 2 (para. [0027]));
and a second control part (multiple electrode capacitor type touch control key 41 and Fig. 2 as annotated below) configured to control the second light-emitting module to emit light and the first light- emitting module not to emit light (When in use, a hand is placed inside the lampshade 1, and the corresponding touch electrode 411 senses the touch of each finger. The multi-electrode capacitive touch button 41 illuminates the corresponding ultraviolet LED through the electrically connected drive control circuit 2 (para. [0027])).
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Zhu teaches a control key 41 with multiple electrode capacitor type touch control keys. When only the first control part, as illustrated in Figure 2 above, is touched by the target, the corresponding LED emits light, and the others do not. The same applies for the second control part. Therefore, Zhu teaches a first control part configured to control the first light-emitting module to emit light and the second light- emitting module not to emit light and a second control part configured to control the second light-emitting module to emit light and the first light- emitting module not to emit light. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Haile to include the teachings of Zhu by incorporating the multi-electrode capacitive touch button 41 in Figure 2 above, on the device disclosed in Haile. Doing so “reduce[s] additional radiation, and extend[s] the lifespan of the light source (Zhu; para [0006])”
Regarding claim 2, Haile fails to teach the manicure curing device capable of preventing excessive ultraviolet irradiation according to claim 1, wherein the first control part includes a first target detector disposed adjacent to the opening; and the second control part includes a second target detector spaced apart from the first target detector in a direction in which the target enters and exits the internal cavity.
However, Zhu teaches, wherein the first control part (interpreted under 12(f) above to be a control key) includes a first target detector disposed adjacent to the opening; and the second control part includes a second target detector spaced apart from the first target detector in a direction in which the target enters and exits the internal cavity (Fig. 2 as annotated below).
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Regarding claim 3, Haile fails to teach the manicure curing device capable of preventing excessive ultraviolet irradiation according to claim 2, wherein a distance between the second target detector and the first target detector is arranged such that when a thumb is configured not to enter the internal cavity, the target is not detected by the second target detector, and when the thumb is configured to enter the internal cavity, the target is detected by the second target detector.
However, Zhu teaches the manicure curing device capable of preventing excessive ultraviolet irradiation according to claim 2, wherein a distance between the second target detector and the first target detector is arranged such that when a thumb is configured not to enter the internal cavity, the target is not detected by the second target detector, and when the thumb is configured to enter the internal cavity, the target is detected by the second target detector (When in use, a hand is placed inside the lampshade 1, and the corresponding touch electrode 411 senses the touch of each finger. The multi-electrode capacitive touch button 41 illuminates the corresponding ultraviolet LED through the electrically connected drive control circuit 2 (para. [0027])).
Touch-control electrodes 411, taught by Zhu, sense the touch of each individual finger. Therefore, the distance between the first target and the second target is arranged such that if the thumb does not enter the internal cavity, it will not be detected by the second target detector. When the thumb enters the cavity, the target can be detected by the second target detector if the thumb touches the second target detector.
Regarding claim 5, Haile fails to teach the manicure curing device capable of preventing excessive ultraviolet irradiation according to claim 2, wherein the first target detector and the second target detector are touch sensors or pressure sensors, and each of the first target detector and the second target detector is disposed on a lower surface of the internal cavity.
However, Zhu teaches wherein the first target detector and the second target detector are touch sensors (corresponding touch electrode 411 senses the touch of each finger (para. [0027])) or pressure sensors, and each of the first target detector and the second target detector is disposed on a lower surface of the internal cavity (Figures 1 and 2 as annotated below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Haile, to include the teachings of Zhu by placing the touch sensors 411 on the lower surface of the internal cavity. Doing so, allows for the targets fingers to be detected by the touch sensors when the target enters the cavity.
Regarding claim 6, Haile fails to teach the manicure curing device capable of preventing excessive ultraviolet irradiation according to claim 1, wherein each of the first control part and the second control part is a control key disposed on an outer surface of the housing.
However, Zhu teaches wherein each of the first control part and the second control part is a control key disposed on an outer surface of the housing (Fig. 4 as annotated below).
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It would have been obvious to one of ordinary skill in the art before the effective filing data of the claimed invention to modify the device in Haile to include the teachings of Zhu by placing the multielectrode capacitance formula touch-controlled key 41 taught by Zhu, on the outer surface of the housing as shown in Figure 4 above. The touch-controlled key 41 controls the LED lights in Zhu. By placing them on the outer surface, a user can control the LED lights from the exterior of the device, allowing the lights to be adjusted by a manicurist while a separate user dries their nails.
Regarding claim 10, Halie teaches the manicure curing device capable of preventing excessive ultraviolet irradiation according to claim 1, wherein the housing includes a control key configured to set a lighting duration of each of the first light-emitting module and the second light-emitting module (In yet other embodiments, the device includes one or more timing devices to set the time for curing. These timers may be preset for specific durations of time between about 1 second and about 120 seconds, for example, 5, 10, 20, or 30 seconds. This allows an operator to choose a set curing time for curing the nail gel by pushing a button rather than by manually programming the timer (para. [0022])) (the outer housing, base and dome are attached to one another and configured such that they define an irradiation chamber 8 within the device and below the apex of the dome. They also define a space between the outer housing 16 and the dome 19 in which the electronics, including the LEDs, timers, and power controls are located…the rear of the device' outer housing has a viewing window 3 for the timer and three buttons 4 for preset times of irradiation (para. [0039]))).
Regarding claim 11, Halie fails to teach the manicure curing device capable of preventing excessive ultraviolet irradiation according to claim 1, further including an external keyboard, wherein the external keyboard is wired or wirelessly connected to the manicure curing device, the external keyboard includes the first control part and the second control part, the first control part and the second control part are control keys, and the external keyboard further includes a control key configured to set a lighting duration of each of the first light- emitting module and the second light-emitting module.
However, Zhu teaches further including an external keyboard, wherein the external keyboard is wired or wirelessly connected to the manicure curing device (when the capacitance type sensing switch is a capacitance type touch control keystroke, it also can be installed on the outer side of the shade (para. [0007])), the external keyboard includes the first control part and the second control part (The multi-electrode capacitive touch button 41, the light source 3 and the drive control circuit 2 are electrically connected. When in use, one can reach into the lampshade 1 and operate the external multi-electrode capacitive touch button 41 to light up different light sources 3 (para. [0032]-[0033])), the first control part and the second control part are control keys (touch button (para. [0015])), and the external keyboard further includes a control key configured to set a lighting duration of each of the first light- emitting module and the second light-emitting module (When the sensing device is a capacitive touch button and is installed outside the lampshade, the brightness of the LED can be adjusted, the illumination time can be set (para. [0015])).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Haile to include the teachings of Zhu by incorporating an external key board connected to the manicure device with a first control part and second control part, being control keys, and capable of setting a lighting duration of each of the first light emitting module and the second light emitting module. Doing so promotes “reducing unnecessary radiation and extending the working life of the ultraviolet LED (Zhu; para. [0027]).”
Claims 4 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Haile and Zhu, and in further view of Nicolas Duru (US 10231526), hereinafter referred to as Duru.
Regarding claim 4, Haile fails to teach the manicure curing device capable of preventing excessive ultraviolet irradiation according to claim 2, wherein the first target detector and the second target detector are infrared sensors, and each of the first target detector and the second target detector is disposed on at least one of the left surface, the right surface and the upper surface of the internal cavity.
However, Duru teaches wherein the first target detector and the second target detector are infrared sensors, and each of the first target detector and the second target detector is disposed on at least one of the left surface, the right surface and the upper surface of the internal cavity.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Haile to include the teachings of Duru by placing infrared sensors on each of the right and left surfaces of the device, as shown in Figure 3 above. Doing so allows for the detection of the presence of the target at different locations. For example, “[t]he first presence sensor 33 is placed in the vicinity of the bottom wall 16 in order to detect the presence of a phalange of an index finger (para. [0018]).”
Regarding claim 8, Halie teaches the manicure curing device capable of preventing excessive ultraviolet irradiation according to claim 1, wherein the first light-emitting module is disposed in a front center area of the upper surface, a third light-emitting module is further disposed in a front left area and/or a front right area of the upper surface, and/or a fourth light-emitting module is correspondingly disposed at a front end of the left surface and a front end of the right surface (Fig. 6 as annotated below).
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Hailie fails to teach the third light-emitting module is configured to emit light together with the first light-emitting module in respond to a signal from the first control part, and emit light together with the second light- emitting module in respond to a signal from the second control part; and the fourth light-emitting module is configured to emit light together with the first light-emitting module and the third light-emitting module.
However, Duru teaches the third light-emitting module is configured to emit light together with the first light-emitting module in respond to a signal from the first control part and emit light together with the second light-emitting module in respond to a signal from the second control part; (a first presence sensor able to emit a presence signal in the presence of an element at a predefined location, a control circuit able to control the radiation sources according to a control law (para. [0008]) (the control law comprises a first control law for a first plurality of radiation sources and a second control law for a second plurality of radiation sources (para. [0015])), and the fourth light-emitting module is configured to emit light together with the first light-emitting module and the third light-emitting module (a second presence sensor able to emit a presence signal in the presence of an element in the second space, with the control also depending on the signal of the second presence sensor (para. [0009])) (the control law comprises a first control law for a first plurality of radiation sources and a second control law for a second plurality of radiation sources (para. [0015])).
Further, Zhu teaches the third light-emitting module is configured to emit light together with the first light-emitting module in respond to a signal from the first control part, and emit light together with the second light- emitting module in respond to a signal from the second control part; and the fourth light-emitting module is configured to emit light together with the first light-emitting module and the third light-emitting module (The multi-electrode capacitive touch button 41 is equipped with twenty touch electrodes 411 corresponding to the positions of the ultraviolet LEDs. When in use, a hand is placed inside the lampshade 1, and the corresponding touch electrode 411 senses the touch of each finger. The multi-electrode capacitive touch button 41 illuminates the corresponding ultraviolet LED through the electrically connected drive control circuit 2 (para. [0026]- [0027])).
To be clear, Duru teaches a manicure curing device system where when a first control part (first presence sensor) emits a presence signal, a first plurality of radiation sources turns on and a when second control part (second presence sensor) emits a presence signal, a second plurality of UV lights turn on. Zu teaches a system where when the first control part (a touch electrode) is triggered, a corresponding LED is illuminated. This applies to every touch electrode 411 disclosed in Zhu. Both Duru and Zhu teach configuring control parts to correspond to specific UV lights for the purpose of reducing unnecessary radiation to a user while curing nails. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Halie to include the teachings of Duru and Zhu such that the third light-emitting module is configured to emit light together with the first light-emitting module in respond to a signal from the first control part, and emit light together with the second light- emitting module in respond to a signal from the second control part; and the fourth light-emitting module is configured to emit light together with the first light-emitting module and the third light-emitting module. Doing so, “makes it possible to reduce the risk of exposure of the portions of the body of the user to ultraviolet radiation (Duru; para. [0005])”.
Regarding claim 9, Haile teaches the manicure curing device capable of preventing excessive ultraviolet irradiation according to claim 8, wherein an inclined plane facing a center of the internal cavity is disposed between a rear surface and the left surface, and between the rear surface and the right surface; a fifth light-emitting module is disposed on the rear surface, a sixth light-emitting module is disposed on the inclined plane (Fig. 6 as annotated below).
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Haile fails to teach the fifth light-emitting module and the sixth light-emitting module are configured to emit light together with the second light-emitting module and the third light-emitting module.
However, Duru teaches the fifth light-emitting module and the sixth light-emitting module are configured to emit light together with the second light-emitting module and the third light-emitting module (a second presence sensor able to emit a presence signal in the presence of an element in the second space, with the control also depending on the signal of the second presence sensor (para. [0009])) (the control law comprises a first control law for a first plurality of radiation sources and a second control law for a second plurality of radiation sources (para. [0015])).
Further, Zhu teaches the fifth light-emitting module and the sixth light-emitting module are configured to emit light together with the second light-emitting module and the third light-emitting module (The multi-electrode capacitive touch button 41 is equipped with twenty touch electrodes 411 corresponding to the positions of the ultraviolet LEDs. When in use, a hand is placed inside the lampshade 1, and the corresponding touch electrode 411 senses the touch of each finger. The multi-electrode capacitive touch button 41 illuminates the corresponding ultraviolet LED through the electrically connected drive control circuit 2 (para. [0026]- [0027])).
To be clear, Duru teaches a manicure curing device system where when a first control part (first presence sensor) emits a presence signal, a first plurality of radiation sources turns on and a when second control part (second presence sensor) emits a presence signal, a second plurality of UV lights turn on. Zu teaches a system where when the first control part ( a touch electrode) is triggered, a corresponding LED is illuminated. This applies to every touch electrode 411 disclosed in Zhu. Both Duru and Zhu teach configuring control parts to correspond to different UV lights for the purpose of reducing unnecessary radiation to a user while curing nails. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Halie to include the teachings of Duru and Zhu such that the fifth light-emitting module and the sixth light-emitting module are configured to emit light together with the second light-emitting module and the third light-emitting module. Doing so, “makes it possible to reduce the risk of exposure of the portions of the body of the user to ultraviolet radiation (Duru; para. [0005])”.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Haile and Zhu as applied to claim 1, and in further view of Wang (CN 115023007), hereinafter referred to as Jiahao.
Regarding claim 7, Haile fails to teach the manicure curing device capable of preventing excessive ultraviolet irradiation according to claim 1, wherein each of the first control part and the second control part includes an image collector and an image processor, the image collector is configured to capture an image of the internal cavity, and the image processor is configured to identify a target from the image, and identify a location of the target or a number of fingers.
However, Jiahao teaches wherein each of the first control part and the second control part includes an image collector (In one embodiment, the sensor 3 of the detection unit is a camera (para. [0064])) and an image processor ([t]he hand data obtained by the camera in detecting the hand area is the image data of the hand. The control unit 6 confirms the finger area and the nail area based on the hand image data obtained by the detection unit (para. [0064])),
the image collector is configured to capture an image of the internal cavity (and the hand data acquired by the camera to detect the hand area is the image data of the hand (para. [0067])),
and the image processor is configured to identify a target from the image, and identify a location of the target or a number of fingers (The control unit 6 confirms the nail area based on the nail image data acquired by the detection unit, obtains the coordinates of the target position based on the nail area (para. [0065])).
Jiahao teaches a system of using a camera and control unit to process the images taken by the camera, and locate the coordinates of the target (nail area). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Halie to include the camera and image processor of Wang configured to identify the target from an image in order to locate the coordinates of the target position (nails). Doing so allows for the identification of a user’s finger nail area within the chamber.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICA J. EINHORN whose telephone number is (571)272-4641. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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/MICA JILLIAN EINHORN/Examiner, Art Unit 2881
/WYATT A STOFFA/Primary Examiner, Art Unit 2881