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 statement (IDS) submitted on 19 January 2024 complies with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statement; please see attached forms PTO-1449.
Drawings
The drawings submitted have been reviewed and determined to facilitate understanding of the invention. The drawings are accepted as submitted.
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.
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.
Claims 1, 6, 7, 9, 10, 15, and 20 rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2007/0239232 to Kurtz et al. (“US1”) in view of US Patent Application Publication 2004/0100796 to Ward (“US2”).
Regarding Claim 1, US1 describes a near-infrared (NIR) light therapy device (40, see Figs 4 and 11C-11D) comprising:
at least one NIR light source (300) to provide treatment NIR light; and
a waveguide (50) having
a NIR light input surface (52) where the treatment NIR light from the at least one NIR light source enters the waveguide and
a NIR light emitting surface (60) where the treatment NIR light exits the waveguide,
the waveguide comprising:
a plurality of extractive surfaces (500) on a surface of the waveguide and configured to reflect the substantially collimated light through the light emitting surface to a subject, wherein at least some of the extractive surfaces of the plurality of extractive surfaces is angled in a range of 35 to 75 degrees to a direction approximately normal to the subject (see Figs 11C-11D, 14A), and wherein the plurality of extractive surfaces is configured to create a substantially uniform NIR light output (62) across the light emitting surface.
US1 does not describe the waveguide having a lens feature.
US1 describes a waveguide (404, see Figs 4-5B, 14A-14B) having:
a light input surface (406) where the light from the at least a light source (402) enters the waveguide and
a light emitting surface (410) where the light exits the waveguide,
the waveguide comprising:
a lens feature (406) forming the light input surface and proximate the at least one light source, the lens feature configured to at least substantially collimate the light from the at least one light source and convey substantially collimated light in a first direction through the waveguide (see [0031]), and
a plurality of extractive surfaces (408) on a surface of the waveguide and configured to reflect the substantially collimated light through the light emitting surface to a subject, wherein at least some of the extractive surfaces of the plurality of extractive surfaces is angled in a range of 35 to 75 degrees to a direction approximately normal to the subject (see Fig 4), and wherein the plurality of extractive surfaces is configured to create a substantially uniform light output across the light emitting surface (see [0031], Fig 4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use the integrated lens in the waveguide structure of US2 in the device of US1. The motivation for doing so would have been to eliminate the need for additional elements to improve performance (see US1 at [0073] describing the use of input optics or optical liquid/gel).
Regarding Claim 6, US1 describes the at least one NIR light source produces light having wavelengths of approximately 750 nm and 940 nm (see [0070]) and wherein the light emitting surface is curved to conform to a surface of the subject (see Fig 14A, [0083]-[0086]).
Regarding Claim 7, US1 and US2 are silent as to the exact orientation of the extractive surfaces. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the extractive surfaces of the waveguide such that they are angled at approximately 55 degrees to the direction approximately normal to the subject, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)
Regarding Claim 9, US1 describes a housing (70) to house at least a portion of the waveguide, the housing comprises a reflective material (see [0074]) to reflect treatment NIR light that exited the waveguide, in an area other than the light emitting surface, back into the waveguide.
Regarding Claim 10, US1 describes a near-infrared (NIR) light therapy device (40, see Figs 4, 11C-1D and 14A-14B) comprising:
at least one optical light source (300) to produce treatment light;
a waveguide (50) through which the treatment NIR light passes, the waveguide comprising:
a lens feature that receives and conveys the treatment NIR light to a first direction;
a plurality of extractive surfaces (500) on a surface of the waveguide that receives the treatment NIR light travelling in the first direction and reflects the treatment NIR light in a direction that is substantially perpendicular to subject skin, wherein at least some of the extractive surfaces of the plurality of extractive surfaces are angled in a range of 35 to 75 degrees to a direction approximately normal to the subject skin (see Figs 11C-D and 14A-B); and
a light emitting surface (60) where the treatment NIR light reflected from the plurality of extractive surfaces passes therethrough to the subject skin, wherein the plurality of extractive surfaces is configured to create a substantially uniform NIR light (62) output across the NIR light emitting surface.
US1 does not describe the waveguide comprising a lens feature.
US2 describes a waveguide (404, see Figs 4-5B) comprising:
a lens (406) feature that receives and conveys light to a first direction;
a plurality of extractive surfaces (408) on a surface of the waveguide that receives the light travelling in the first direction and reflects the light in a direction that is substantially perpendicular to subject skin (see Fig 4), wherein at least some of the extractive surfaces of the plurality of extractive surfaces are angled in a range of 35 to 75 degrees to a direction approximately normal to the subject skin (see Fig 4); and
a light emitting surface (410) where the treatment NIR light reflected from the plurality of extractive surfaces passes therethrough to the subject skin, wherein the plurality of extractive surfaces is configured to create a substantially uniform NIR light (62) output across the NIR light emitting surface (see [0031], Fig 4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use the integrated lens in the waveguide structure of US2 in the device of US1. The motivation for doing so would have been to eliminate the need for additional elements to improve performance (see US1 at [0073] describing the use of input optics or optical liquid/gel).
Regarding Claim 15, the obvious combination of US1 and US2 as discussed above with regards to Claims 1 and 10, describes the device structures. US1 and US2 do no describe molding process(es) to form the waveguide structures. US1 and US2 describe the waveguide formed from polymer urethane (see US1 at [0050]) or PMMA/Acrylic (see US2 at [0040]). It is well-known in the art to use molding steps to form polymer urethane and PMMA/Acrylic structures. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use molding steps to form the obvious waveguide structure in view of US1 and US2. The motivation for doing so would have been to make use of a known technique for improving similar devices in the same way.
Regarding Claim 20, US1 describes attaching a reflective housing (70) to at least a portion of the waveguide, the reflective housing configured to reflect light that exits the waveguide from an area other than the NIR light emitting surface back into the waveguide (see [0074]).
Claims 2, 5, 11, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US1 and US2 as applied to Claims 1, 10, or 15 above, and further in view of US Patent Application Publication 2017/0304645 to Schomacker et al. (“US3”).
Regarding Claims 2, 11, and 16, neither US1 nor US2 describe the waveguide comprising a cooling channel.
US3 describes a light therapy device (200, see Fig 2) an NIR light source (130, see [0035]) and a waveguide (224, 424, 624) having:
a NIR light input surface (opposite surface 242 and facing lenses 148 as shown in Fig 2) where the treatment NIR light from the at least one NIR light source enters the waveguide and
a NIR light emitting surface (242) where the treatment NIR light exits the waveguide,
wherein the waveguide further comprises at least one cooling channel (208, 408, 612, see Figs 3A-6B) configured to circulate a coolant that absorbs heat proximate to the NIR light emitting surface, wherein the waveguide is configured to transmit at least some reflected NIR light through the at least one cooling channel (see [0039], [00451]-[0045]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use the cooling channels of US3 in the waveguide of the obvious device in view of US1 and US2. The motivation for doing so would have been to reduce the thermal resistance of the waveguide and allow expanding the range of power used in the particular treatment (see US3 at [0016]).
Regarding Claim 5, US3 describes he at least one coolant channel varying in diameter to slow coolant flow to increase heat exchange efficiency between the coolant and areas proximate to portions of the at least one cooling channel where the slowed coolant flows therethrough (see Fig 5).
Allowable Subject Matter
Claims 3, 4, 8, 12-14, and 17-19 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.
Claims 3, 12, and 17 describe waveguide comprising silicone such that the lens feature, the plurality of extractive surfaces, the NIR light emitting surface, and the at least one cooling channel are comprised of silicone, and wherein the silicone is a low durometer silicone having a durometer in a range from 20 shore A to 80 shore A.
Claims 4, 13, and 18 describe a first temperature sensor configured to measure a first temperature of the coolant prior to the coolant entering the at least one cooling channel; a second temperature sensor configured to measure a second temperature of the coolant after the coolant passes through the at least one cooling channel; and a control module to determine a difference between the first temperature and the second temperature.
Claims 8, 14, and 19 describe at least one additional waveguide; and a support member configured to be applied to a head of the subject, the support member is further configured to at least: retain the waveguide and the at least one additional waveguide
These limitations represent subject matter not described or reasonably suggested, in conjunction with the further limitations of the present claims, by the prior art of record.
Conclusion
The prior art cited in the attached form PTO-892 are made of record and considered pertinent to applicant's disclosure. The cited prior art describes waveguide structures and/or light therapy devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY RAHLL whose telephone number is (571)272-2356. The examiner can normally be reached M-F 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 571-272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JERRY RAHLL/Primary Examiner, Art Unit 2874