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
1. Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive. The Applicant argues that the art of Tsubota does not teach the claimed invention since it does not teach the preamble portion “A method of treating physical pain”. Applicant’s arguments rely on language solely recited in preamble recitations in claim(s) 1. When reading the preamble in the context of the entire claim, the recitation “treating physical pain” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
However, independent claim 1 is alternatively rejected under U.S.C. 102(a)(1) as being anticipated by Ibrahim (US 20190160304 A1).
Claim Objections
2. Claims 8 and 13 are objected to because of the following informalities: “in a predetermined wavelength band” should be amended to “in the predetermined wavelength band” since this has already been claimed. If the Applicant is indicating this is a new wavelength band, then that should be made clear.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
3. Claim(s) 1, 3-14, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsubota (US 20200092971 A1).
In regards to claim 1, Tsubota discloses a method for treating physical pain comprising:
irradiating the eyes of a subject with light in a predetermined wavelength band (Par. 0032 teaches a light emitting element to irradiate within a specific wavelength);
the predetermined wavelength band is from 450 nm to 600 nm (Par. 0113 teaches applying light within 420-540 nm).; and
a duration of the irradiating in one treatment is less than 8 hours (Par. 0032 teaches a control unit to control the irradiation and Par. 0048-0049 teach controlling the irradiation time. Par. 0093-0095 teach applying the light for 2 hours a day).
In regards to claim 3, Tsubota discloses the method according to claim 1, wherein the duration of the irradiating in one treatment is 0.5 hours or more (Par. 0093-0095 teach applying the light for 2 hours a day).
In regards to claim 4, Tsubota discloses the method according to claim 1, wherein the duration of the irradiating in one treatment is one hour or less (Par. 0299 teaches applying the VL light for 30 minutes).
In regards to claim 5, Tsubota discloses the method according to claim 1, wherein the subject is a plurality of subjects, further comprising:
managing identification information and treatment history information associated with each subject of the plurality of subjects, the treatment history information comprising the duration of the irradiating treatment and a number of times of the irradiating received by the each subject (Par. 0160 teaches a memory which the treatment history of a subject can be stored on), and
presenting the treatment history information to the each subject (Par. 0032-0033 teach a display screen, i.e. a presenter)
In regards to claim 6, Tsubota discloses the method according to claim 5, further comprising presenting schedule information to the each subject, the schedule information representing a scheduled end time of the treatment currently being received by the each subject (Par. 0191 teaches that the display has a screen for showing a timer to the subject).
In regards to claim 7, Tsubota discloses the method according to claim 5, further comprising:
managing the identification information about the each subject, the treatment history information comprising the duration of the irradiating and the number of times of the irradiating received by the each subject, and treatment schedule information about a schedule of the treatment scheduled to be received by the each subject, and transmitting the treatment schedule information to a communication device of the each subject (Par. 0160 teaches storing and transferring patient history data).
In regards to claim 8, Tsubota discloses the method according to claim 5, further comprising:
measuring a distance between an irradiator, which irradiates the light in a predetermined wavelength band and an eye of each subject (Par. 0138 teaches the use of a camera to measure the distance of a user to the light), and
instructing the subject to move a position of a predetermined part of the body based on the distance (Par. 0140 teaches alerting the user to change their distance based on information gathered by the camera).
In regards to claim 9, Tsubota discloses the method according to claim 8, wherein the measuring is performed based on an illuminance value detected on eyes of the subject (Par. 0151 teaches using an illuminance sensor and Par. 0192 teaches using the illuminance sensor to determine the distance the user is to the screen/system)
In regards to claim 10, Tsubota discloses the method according to claim 8, further comprising: adjusting an output of light by the irradiator based on an illuminance value detected on eyes of the subject (Par. 0151-0157 teaches adjusting the light based on the illuminance sensor)
In regards to claim 11, Tsubota discloses the method according to claim 1, except for the system further comprising: reducing illuminance of light in at least one wavelength band different from the predetermined wavelength band (Par. 0153 teaches changing the band to a different wavelength)
In regards to claim 12, Tsubota discloses the method according to claim 1, further comprising:
acquiring illuminance information indicating an illuminance value of the light in the predetermined wavelength band (Applicant discloses this is done by an illuminance sensor, see 112f interpretation above. Par. 0151 of Tsubota teaches an illuminance sensor); and
outputting information prompting a change in a state of the subject when the illuminance value of the light in the predetermined wavelength band is less than a predetermined illuminance value (Par. 0151-157 teaches using the illuminance sensor to determine the distance the user is to the screen/system and alert the user to move or not).
In regards to claim 13, Tsubota discloses the method according to claim 12, wherein the information prompting the change in the state of the subject is information configured to direct a face of the subject toward an irradiator which irradiated the light in a predetermined wavelength band or information configured to bring the face of the subject closer to the irradiator (Par. 0140 and 0151-0157).
In regards to claim 14, Tsubota discloses the method according to claim 12, further comprising: adjusting intensity of the light in the predetermined wavelength band based on the illuminance information (Par. 0138 teaches adjusting the intensity of the light).
In regards to claim 18, Tsubota discloses the method according to claim 12, wherein the duration of the irradiating in one treatment is a time during which the illuminance value of the light is equal to or greater than the predetermined illuminance value, and further comprising ending irradiation when a length of the duration of the irradiating in one treatment reaches a predetermined time (Par. 0181 and 0258 teach determine a predetermined time of light to be applied based on a calculation processor).
4. Claim(s) 1 is additionally rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ibrahim (US 20190160304 A1).
In regards to claim 1, Ibrahim discloses a method for treating physical pain (Abstract) comprising:
irradiating the eyes of a subject with light in a predetermined wavelength band (Par. 0049 teaches that the light is applied to the eye of the subject)
the predetermined wavelength band is from 450 nm to 600 nm (Par. 0049 teaches applying the light in the range of 450-570 nm).; and
a duration of the irradiating in one treatment is less than 8 hours (Par. 0050 teaches that the light can be applied for a time period of 10 minutes to 8 hours per day, with some applications being 20 minutes or being 3 hours, i.e. under 8 hours)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.L.C./Examiner, Art Unit 3792
/MICHAEL W KAHELIN/Primary Examiner, Art Unit 3792
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