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 .
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed 09/21/2023 and 04/11/2025 have been considered by the Examiner.
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, 3-5, 7, 9-13, 15, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones (US 20140288351 A1).
Regarding claim 1, Jones teaches an apparatus for feeding light and heat comprising:
a light source holder for a human body that can be fixed in contact with the human body (see [0106]; light therapy treatment exposing a body region of a subject to a modified light spectrum output), and has a cavity for the human body that is recessed from a side that contacts the human body (see Fig. 1, [0087-0088]; soft silicone grid of small windows or wells;
a light source for the human body that is installed in the cavity for the human body (see [0088]; LED coupled fibers protruding through the top window to direct light to the subject, the top outer layer of the window would rest against the skin and may have a small grid of wells,); and emits light of near-infrared rays (see [0079]; LEDs configured to emit orange-to-near-infrared spectral range);
a light source holder for temperature control, wherein a cavity for temperature control is formed from one side, wherein the light source holder for temperature control is formed of the same material as the light source holder for the human body, and wherein the cavity for temperature control has the same shape as the cavity for the human body (see Fig. 2, [0084-0088]; LEDs array also creates heat from LEDs affixed within cavities formed by windows from which light is emitted);
a light source for temperature control installed in the cavity for temperature control and emitting light of the same wavelength as the light source for the human body (see Fig. 2, [0084-0088]; LED arrays are divided into multiple strips, it can be appreciated that the LEDs can be divided into subsets by which a first subset delivers light and the second subset delivers heat by emitting light at the same wavelength);
a temperature sensor installed at the entrance of the cavity for temperature control of the light source holder for temperature control and covering the entrance (see Fig. 2, [0093]; temperature sensors/thermal shutoff sensors);
a power source that supplies a same power to the light source for the human body and the light source for temperature control (see [0078]; power source);
a temperature switch that is operated when subcutaneous temperature reaches a suitable temperature (see [0034]; temperature limit switches); and
a controller that adjusts power supplied from the power source to the light source for the human body and the light source for temperature control based on a temperature measured by the temperature sensor (see [0091]; control assembly),
wherein the controller controls the power supplied to the light source for the human body and the light source for temperature control so that the temperature measured by the temperature sensor is maintained at the temperature when the temperature switch is operated (see Jones [0045], [0098]; temperature switches connected to the controller which may turn off or adjust LED modes based on a parameter being met, including a threshold temperature).
Regarding claim 10, Jones teaches an apparatus for feeding light and heat comprising:
a light source holder for a human body that can be fixed in contact with the human body (see [0106]; light therapy treatment exposing a body region of a subject to a modified light spectrum output), and has a cavity for the human body that is recessed from a side that contacts the human body (see Fig. 1, [0087-0088]; soft silicone grid of small windows or wells;
a light source for the human body that is installed in the cavity for the human body (see [0088]; LED coupled fibers protruding through the top window to direct light to the subject, the top outer layer of the window would rest against the skin and may have a small grid of wells,); and emits light of near-infrared rays (see [0079]; LEDs configured to emit orange-to-near-infrared spectral range);
a light source holder for temperature control, wherein a cavity for temperature control is formed from one side, wherein the light source holder for temperature control is formed of the same material as the light source holder for the human body, and wherein the cavity for temperature control has the same shape as the cavity for the human body (see Fig. 2, [0084-0088]; LEDs array also creates heat from LEDs affixed within cavities formed by windows from which light is emitted);
a light source for temperature control installed in the cavity for temperature control and emitting light of the same wavelength as the light source for the human body (see Fig. 2, [0084-0088]; LED arrays are divided into multiple strips, it can be appreciated that the LEDs can be divided into subsets by which a first subset delivers light and the second subset delivers heat by emitting light at the same wavelength);
a temperature sensor installed at the entrance of the cavity for temperature control of the light source holder for temperature control and covering the entrance (see Fig. 2, [0093]; temperature sensors/thermal shutoff sensors);
a power source that supplies a same power to the light source for the human body and the light source for temperature control (see [0078]; power source);
a memory for storing a set temperature, which is a target temperature of a temperature measured by the temperature sensor (see [0034-0035]; system controls having data logging capabilities in communication with the temperature sensors);
a controller that adjusts power supplied from the power source to the light source for the human body and the light source for temperature control based on a temperature measured by the temperature sensor (see [0091]; control assembly),
wherein the controller controls the power supplied to the light source for the human body and the light source for temperature control so that the temperature measured by the temperature sensor is maintained at the temperature when the temperature switch is operated (see Jones [0045], [0098]; temperature switches connected to the controller which may turn off or adjust LED modes based on a parameter being met, including a threshold temperature).
Regarding claims 3 and 11, Jones teaches the apparatus for feeding light and heat of claims 1 and 10, wherein the light of the same wavelength has a peak wavelength of 800 nm to 820 nm (see [0079]; peak wavelengths between 600nm and 820nm).
Regarding claims 4 and 12, Jones teaches the apparatus for feeding light and heat of claims 1 and 10, wherein the light source holder for a human body is made of silicon rubber and is replaceable (see Fig. 2, [0105], [0109]; soft silicone lip and backside silicone grid in a disassembled fashion, it can be appreciated that since the device of Jones can be disassembled into its respective pieces, that those pieces can be replaced).
Regarding claims 5 and 13, Jones teaches the apparatus for feeding light and heat of claims 1 and 10, wherein the apparatus has a plurality of the light source holders for the human body, the plurality of light source holders for the human body being fixed to a sheet and arranged two-dimensionally (see Fig. 2; showing a plurality of LED strips and/or LEDs arranged two-dimensionally on a sheet).
Regarding claims 7 and 15, Jones teaches the apparatus for feeding light and heat of claims 5 and 13, wherein the plurality of light source holders for the human body are arranged in a lattice pattern (see Fig. 2; showing arrangement of light source holders and LEDs in a lattice pattern), wherein the light source holders for the human body in a same row are connected by a connector that is less bendable than the sheet (see [0147]; LED strips are mounted onto flexible circuit boards to be arranged as strips).
Regarding claims 9 and 17, Jones teaches the apparatus for feeding light and heat of claim 1 and 10 wherein the apparatus has a plurality of the light source holders for the human body, the plurality of light source holders for the human body being movably attached to a belt (see [0187]; the apparatus may have belt loops and a flexible strap that can act as a part of the heat removal system and can hold the light source in place on the body).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 20140288351 A1) in view of Sinofsky (US 20210252306 A1)
Regarding claims 8 and 16, Jones teaches the apparatus for feeding light and heat of claims 1 and 10. Jones is silent regarding wherein a plurality of cavities for the human body are formed in the light source holder for the human body, and wherein each cavity for the human body is provided with the light source holder for the human body.
Sinofsky teaches an apparatus for feeding light and heat to a user (see Sinofsky Fig. 1A, [0041]; device 10 having LEDs mounted on backing 13 for contact with body) wherein a plurality of cavities for the human body are formed in the light source holder for the human body, and wherein each cavity for the human body is provided with the light source holder for the human body (see Fig. 3, [0052]; backing 13 having recesses or holes 20 cut for the LEDs to reside in).
It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the apparatus of Jones with the configuration of light holders taught by Sinofsky wherein each cavity corresponded with a light source holder. One of ordinary skill in the art would have been motivated to make this modification in order to facilitate the exposure of the subject to the light source by directing the emission area of the light source.
Claim(s) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US 20140288351 A1) in view of and Barry et al (US 20050177093 A1).
Regarding claims 6 and 14, Jones teaches the apparatus for feeding light and heat of claim 5 and claim 13. They are silent regarding wherein the plurality of light source holders for the human body are arranged in whorl.
Barry teaches a device for delivering light therapy to a body part wherein the plurality of light source holders for the human body are arranged in whorl (see Barry Fig. 17, [0173]; device 20 having LEDs 84 arranged in a whorl pattern).
It would have been obvious for one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Jones’ apparatus for feeding light and heat having a plurality of light source holders with the whorl configuration as taught by Barry. One of ordinary skill in the art would have been motivated to make this modification in order to arrange the array in a manner that appropriately fits the desired target area (Barry [0173]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISHA J SIRCAR whose telephone number is (571)272-0450. The examiner can normally be reached Monday - Thursday 9-6:30, Friday 9-5:30 CT.
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/A.J.S./Examiner, Art Unit 3792
/ALLEN PORTER/Primary Examiner, Art Unit 3796