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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3, and 10-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, and 10-17 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C 102(a)(2) as being anticipated by Hayano et al. (hereinafter ‘Hayano’, WO 2020027305 A1).
In regards to claim 1, Hayano discloses a method for controlling biological function by light stimulation in a subject in need thereof (In section [EEG and cell activity control device by light stimulation]: "The apparatus for controlling brain waves and cell activity by light stimulation according to the present invention is an apparatus for performing electroencephalogram control or cell activity control by irradiating a subject with light of a specific wavelength at a regular light or a specific blinking frequency, and controlling the cell activity."), comprising irradiating light of a wavelength in a range of 350 nm to 400 nm (In section [Generation of brain waves by light stimulation]: "This LED exhibits the spectral wavelength shown in FIG. 7, and emits violet light defined from 360 to 400 nm.") at a blinking frequency of 0 Hz, or in a range of 30 Hz to 75 Hz to the subject, thereby controlling the biological function in the subject (In section [Light sources, irradiation conditions, brain wave measurements, etc. used in the measurements of FIGS. 2 to 4 will be described below.]: "In addition, it has a function of arbitrarily changing the blinking frequency, and can emit a violet light in a range of 0 (a “normal light”; DC light) to 150 Hz."), wherein the controlling the biological function is improving sleep efficiency or quality ([EEG and cell activity control device by light stimulation]:"At present, human experiments have yielded results in various points, such as improving sleep, relaxing, and dreaming (dreams are effective for memory formation immediately before non-REM sleep).").
In regards to claim 3, Hayano discloses that the controlling the biological function is improving sleep efficiency or sleep quality (In section [Brain function improvement or augmentation device]: "A light source that emits light or white light, a light emission cycle control unit that sets the violet light or white light as an ordinary light or a specific blinking frequency, and a light emission time during which the violet light or white light is irradiated for a specific time or for a specific period And a control unit, which is used for any one or more purposes selected from the group consisting of improving or preventing depression, suppressing or preventing stress, improving or increasing concentration, improving or preventing Alzheimer's disease, and improving sleep.")
In regards to claim 10, Hayano discloses that the light is violet light (In section [Generation of brain waves by light stimulation]: "FIG. 2 to FIG. 4 show measurements of brain waves when light is illuminated by blinking. As shown in FIG. 2 (A) and FIG. 3 (A), irradiation with violet light at a blinking frequency of 10 Hz resulted in the generation of 10 Hz waves in the occipital lobe and frontal lobe.").
In regards to claim 11, Hayano discloses that the specific wavelength includes a wavelength range of 350 nm to 400 nm (In section [Generation of brain waves by light stimulation]: "This LED exhibits the spectral wavelength shown in FIG. 7, and emits violet light defined from 360 to 400 nm.").
In regards to claim 12, Hayano discloses that the specific wavelength includes a wavelength of approximately 380 nm (In section [Generation of brain waves by light stimulation]: "This LED exhibits the spectral wavelength shown in FIG. 7, and emits violet light defined from 360 to 400 nm.").
In regards to claim 13, Hayano discloses a blinking frequency of light is 0 Hz or in a range of 30 Hz to 70 Hz (In section [Light sources, irradiation conditions, brain wave measurements, etc. used in the measurements of FIGS. 2 to 4 will be described below.]: "In addition, it has a function of arbitrarily changing the blinking frequency, and can emit a violet light in a range of 0 (a “normal light”; DC light) to 150 Hz.").
In regards to claim 14, Hayano discloses that the blinking frequency is 0_Hz or in a range of 35 Hz to 60 Hz (In section [Light sources, irradiation conditions, brain wave measurements, etc. used in the measurements of FIGS. 2 to 4 will be described below.]: "In addition, it has a function of arbitrarily changing the blinking frequency, and can emit a violet light in a range of 0 (a “normal light”; DC light) to 150 Hz.").
In regards to claim 15, Hayano discloses that the blinking frequency is 0 Hz or approximately 40 Hz (In section [Light sources, irradiation conditions, brain wave measurements, etc. used in the measurements of FIGS. 2 to 4 will be described below.]: "In addition, it has a function of arbitrarily changing the blinking frequency, and can emit a violet light in a range of 0 (a “normal light”; DC light) to 150 Hz.").
In regards to claim 16, Hayano discloses conditions for light irradiation including an irradiation time (In section (Control unit): "The control unit executes change of irradiation conditions such as blinking frequency of light, irradiance, irradiation time, irradiation start time, irradiation end time, blinking frequency and the like by transmission and reception with an isolation controller such as a portable terminal.").
In regards to claim 17, Hayano discloses that the light is irradiated from a light source, and wherein the light source is spectacles with a light source or spectacle frame with a light source, a desktop light source, a mobile terminal mounted light source, a light source installed in front of face or a light source installed near face, a portable light source, an indoor light source, and a table stand (In section (light source): "The light source is preferably glasses with a light source. The glasses have a light source that emits a blinking frequency with glasses that are easy to wear and that do not cause any discomfort on a daily basis, so that they are highly practical and can always be worn in various scenes and environments. In addition, the light source may be a light source in front of or near the face such as a desk light source, a light source mounted on a mobile terminal, or a non-installed light source such as a portable light source, or indoor lighting, a table lamp, a dedicated device, or the like.").
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN M LEE whose telephone number is (703)756-1789. The examiner can normally be reached 9:00 am - 6:00 pm.
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/B.M.L./Examiner, Art Unit 3796
/LYNSEY C Eiseman/Primary Examiner, Art Unit 3796
