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
Claims 1-20 are objected to because of the following informalities: claim 1, 12 and 17 recite “comprises of” in the preamble which should be changed to “comprising” or “comprised of.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 and 14-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the metes and bounds of the claim limitation “a volume adjustment knob is configured for allowing the user to customize sound frequencies” cannot be determined by the examiner. It is unclear whether “frequencies” refers to different sound frequencies of merely the volume level of the sound frequencies. In the interest of compact prosecution, the examiner is assuming the volume adjustment knob adjusts sound volume.
Regarding claim 2, it is unclear whether “wherein the varying range of frequency” refers to the “light frequency of varying range” or the “varying range of sound frequency” recited in claim 1.
Regarding claim 3, it is unclear whether “frequency 20 Hz, 40 Hz, and 20 to 40 Hz” refers to the “light frequency of varying range” or the “varying range of sound frequency” recited in claim 1.
Regarding claim 6, it is unclear if the limitation “wherein the beta brainwave at the range of 20 Hz
to 24 Hz offers high brightness of over 600 lumens comprising a plurality of color options including 3000 k, 6000 k, 660 nm, and 850 nm red lights” is referring to a beta brainwave or the light used to provide therapy. It also unclear if “color options” requires emission of all the colors or a single one of the options. In the interest of compact prosecution, the examiner is assuming the properties are of the emitted light and one of the color options is required.
Regarding claim 10, the metes and bounds of the claim limitation “the device comprises white, red and yellow colour LED having frequency of 20 Hz, 30 Hz, 40 Hz respectively” cannot be determined by the examiner. It is unclear whether the frequency refers to the frequency of light (related to wavelength) or the flicking frequency of the LEDs. In the interest of compact prosecution, the examiner is assuming the frequency refers to flickering frequency.
Regarding claim 14, the metes and bounds of the claim limitation “50,000 lifespan” cannot be determined by the examiner. It is unclear what unit of time is associated with the lifespan. The examiner assumes the lifespan is in hours.
Regarding claim 14, the metes and bounds of the claim limitation “a full spectrum of at least RA90” cannot be determined by the examiner. RA90 is a color accuracy index (CRI) and not a spectrum. The examiner is assuming CRI of RA90.
Regarding claim 15, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claims 1, 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over ColorNoise (website see PTO-892 for citation) in view of Beacon40 (YouTube see PTO-892 for citation) and further in view of Karp et al. (US 2023/0144816).
[Claim 1] ColorNoise discloses a multifrequency neurostimulation device for improving cognitive performance of brain, the device comprising:
a body having a top portion and bottom portion configured to house a plurality of components (see annotated image), the components comprising:
a plurality of buttons for enabling a user to generate a command for plurality of operations (on/off, volume +/-, timer, etc.);
a light emitting module (see annotated image) configured to emit light frequency of a varying range (12 different colors, the inverse of light wavelength is frequency), wherein a light adjustment button (see annotated image) is configured for allowing the user to customize light frequencies (changing color) required for a desired cognitive state;
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a sound module configured to generate a varying range of sound frequency (30 sounds are generated by a speaker), wherein volume adjustment buttons (see annotated image) are configured for allowing the user to customize sound frequencies required for the desired cognitive state (switching between the 30 sounds); and
a timer (see annotated image) configured for tracking time duration of emitted lights and/or sound, wherein a plurality of time-indicating LED (lighted indicators show the time duration, Official Notice is taken the using LED light indicators is well-known in the art) lights indicates remaining time duration (may be set to 1 hr, 2 hr, 3 hr or 4 hr as indicated by LED light).
ColorNoise does not disclose (1) a light adjustment knob, (2) a volume adjustment knob, (3) a microcontroller to control the operation of the light emitting module and the sound module, or (4) a rechargeable battery configured on the body for supplying power to electrical and electronic component associated with the device.
Beacon40 discloses an analogous adjustable lighting device comprising a light adjustment knob (light tone adjustment knob, #3, and/or brightness knob #4) [page 5].
It would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the light adjustment button of ColorNoise with a light adjustment knob as taught by Beacon40 in order to adjust the light properties. This constitutes a simple substation of one known light adjustment actuator for another known light adjustment actuator.
Karp discloses an analogous adjustable lighting device with sound comprising a knob (#132) operable to control volume output of a speaker (#130) [par. 0023]. Karp discloses a microcontroller (controller, Fig. 7 #10) to control operation of a light emitting module (light source, Fig. 7 #120) and a sound module (speaker, Fig. 7 #130) [par. 0020]. Karp discloses a rechargeable battery (Fig. 1 #119) that may be recharged through a wired connection to supply power to the device [par. 0042].
It would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the volume adjustment buttons of ColorNoise with a volume adjustment knob as taught by Karp in order to adjust the volume of the emitted sound from the speaker. This constitutes a simple substation of one known volume adjustment actuator for another known volume adjustment actuator.
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the device of ColorNoise in view of Beacon40 to utilize a controller to control the light emitting module and sound module as taught by Karp in order to convey a user command inputs to the respective modules to realize the desired outputs.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device rendered obvious by ColorNoise in view of Beacon40 to include a rechargeable battery that may be recharged through a wired connection as taught by Karp in order to improve the device by providing enhanced portability.
[Claim 8] ColorNoise discloses the plurality of operations includes but not limited to switching ON/OFF the device, play, pause, reverse, forward and color change or temperature (see annotated image).
[Claim 11] ColorNoise discloses the light emitting module is configured to a customizable lighting experience to a variety of uses via an ability to change the color and temperature of light (12 different colors/color temperatures).
Claims 2-3, 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over ColorNoise in view of Beacon40 and Karp et al. (US 2023/0144816) as applied to claim 1 above, and further in view of Singer et al. (US 2025/0041553).
[Claim 2] The previously applied references render obvious emitting light of various colors (frequencies) and brightness but does not disclose the varying range of frequency is a pre-defined frequency range, the pre-defined frequency range is 20 Hz to 45 Hz.
Singer discloses applying audiovisual flickering from 5-100 Hz including a desirable frequency range of about 10 to 40 Hz for brain stimulation [pars. 0060-0062].
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the device to emit light and sound in the 20 Hz to 45 Hz to provide therapy since one of skill in the art would have selected from within the frequency ranges disclosed by Singer.
[Claim 3] The device rendered obvious by the previously applied references is configured to provide frequency 20Hz, 40Hz, and 20 to 40Hz in random order (a user may select the flicker frequency to be 20 Hz, 40 Hz and random frequencies in between when operating within the range taught by Singer).
[Claim 7] The device rendered obvious by the previously applied references discloses a light emitter module and sound module but does not disclose the light emitter module and the sound module produce a light flickering/flashing effect and an audible sound effect of 40 Hz frequency simultaneously to stimulate gamma brainwave.
Singer discloses applying audiovisual flickering from 5-100 Hz including a desirable frequency range of about 10 to 40 Hz for brain stimulation [pars. 0060-0062].
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the device to emit light and sound at 40 Hz to provide therapy as taught by Singer.
[Claim 10] ColorNoise discloses changing the colors between white, red and yellow (each included in the 12 different color options) but does not disclose the light source are LEDs or frequency options of 20 Hz, 30 Hz, and 40 Hz.
Singer discloses applying audiovisual flickering from 5-100 Hz including a desirable frequency range of about 10 to 40 Hz for brain stimulation [pars. 0060-0062].
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the device to emit light at 20 Hz, 30Hz and 40 Hz to provide therapy as taught by Singer.
The examiner takes Official Notice that LEDs are a well-known light source that would be obvious to use at the light source in the device.
Claims 4-5 rejected under 35 U.S.C. 103 as being unpatentable over ColorNoise in view of Beacon40 and Karp et al. (US 2023/0144816) as applied to claim 1 above, and further in view of Fortkort et al. (US 2023/0321458).
[Claims 4, 5] The previously applied references disclose the light emitting module but do not disclose the light emitting module is configured to include a plurality of LEDs to produce light flicker effect for stimulating beta brain waves and light emitters for gamma brainwaves.
Fortkort discloses an analogous phototherapeutic device comprising a plurality of LEDs (individual LEDs, #615, in the LED array, #605, may be activated such that the source of electromagnetic radiation oscillates (e.g., turns on and off) at a frequency of 40 Hz or 20 Hz to match beta and gamma frequencies) [par. 0088, 0090].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device to use LEDs to emit light at frequencies of 40 Hz and 20 Hz as taught by Fortkort in order to provide stimulation at beta and gamma brainwave frequencies.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over ColorNoise in view of Beacon40, Karp et al. (US 2023/0144816) and Fortkort et al. (US 2023/0321458) as applied to claim 5 above, and further in view of Wang (2022/0054856).
[Claim 6] The previously applied references render obvious a flickering light at 20 Hz, i.e. beta brainwave, using LEDs of multiple wavelengths including emitting red light at 670 nm and 870 nm (which is sufficiently close 660 nm and 850 nm) [Fortkort: par. 0053, 0105] but does not specify a brightness over 600 lumens.
Wang discloses analogous therapeutic device comprising LEDs emitting light at wavelengths of 670 nm or 850 nm at 50-600 lumens per LED for brain therapy [par. 0059].
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the device to include LEDs emitting red light including at 670 nm and 850 nm with a 600 lumens per LED as taught by Wang in order to provide light stimulation for brain therapy.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over ColorNoise in view of Beacon40 and Karp et al. (US 2023/0144816) as applied to claim 1 above and further in view of Chien et al. (US 2022/0267205).
[Claim 9] ColorNoise in view of Beacon40 and Karp discloses a power cord with a USB port and rechargeable battery but does not disclose a USB (Universal Serial Bus) port integrated with the body, to be utilized for establishing a wired connection between the device and an external power source via a voltage converter inbuilt within the USB in view of recharging the rechargeable battery.
Chien discloses an analogous electronic device comprising a USB (Universal Serial Bus) port integrated with the body, to be utilized for establishing a wired connection between the device and an external power source via a voltage converter inbuilt within the USB in view of recharging the rechargeable battery [pars. 0054, 0747].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device to include an integrated USB port for recharging the rechargeable battery as taught by Chien.
Claims 12-13 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over ColorNoise in view of Beacon40 in view of Karp et al. (US 2023/0144816) in view of Fortkort et al. (US 2023/0321458) and further in view of Chien et al. (US 2022/0267205).
[Claims 12, 16] A portable brain entrainment device for stimulating gamma brain wave patterns to improve brain health, the device comprising:
a body (see annotated image) configured to encase a plurality of components, the components includes:
a speaker to generate binaural beats and monotone sound frequencies (30 sounds are generated by a speaker);
a light emitter (see annotated image);
a volume adjustment buttons (see annotated image) configured to adjust the volume of the speaker;
a light intensity adjustment button (see annotated image) configured to adjust the brightness of the light from the light emitter (switch between 12 colors and turn the light emitter on/off); and
a timer (see annotated image) configured for effectively managing and tracking amount of time a user needs on a task to improve productivity and time efficiency (timer durations may be set to 1 hr, 2 hr, 3 hr or 4 hr);
wherein the light emitter is configured to a customizable lighting experience to a variety of uses via an ability to change the color and temperature (12 different colors/color temperatures).
ColorNoise does not disclose (1) the light emitter comprising a plurality of LEDs, (2) a volume adjustment knob configured to adjust speaker volume, (3) a light intensity adjustment knob configured to adjust the brightness of the light from the light emitter, (4) a microcontroller to control the operation of the light emitter and the speaker, (5) a rechargeable power supply unit to supply power to the plurality of components, (6) a USB port with built-in converters allowing the user to connect an external power source, and (7) the speaker and the light emitter produce an audible sound and light flickering/flashing effect of 40 Hz frequency simultaneously.
Beacon40 discloses an analogous adjustable lighting device comprising a light adjustment knob (light tone adjustment knob, #3, and/or brightness knob #4) [page 5].
It would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the light adjustment button of ColorNoise with a light adjustment knob as taught by Beacon40 in order to adjust the light properties including brightness. This constitutes a simple substation of one known light adjustment actuator for another known light adjustment actuator.
Karp discloses an analogous adjustable lighting device with sound comprising a knob (#132) operable to control volume output of a speaker (#130) [par. 0023]. Karp discloses a microcontroller (controller, Fig. 7 #10) to control operation of a light emitting module (light source, Fig. 7 #120) and a sound module (speaker, Fig. 7 #130) [par. 0020]. Karp discloses a rechargeable battery (Fig. 1 #119) that may be recharged through a wired connection to supply power to the device [par. 0042].
It would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the volume adjustment buttons of ColorNoise with a volume adjustment knob as taught by Karp in order to adjust the volume of the emitted sound from the speaker. This constitutes a simple substation of one known volume adjustment actuator for another known volume adjustment actuator.
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the device of ColorNoise in view of Beacon40 to utilize a controller to control the light emitting module and sound module as taught by Karp in order to convey a user command inputs to the respective modules to realize the desired outputs.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device rendered obvious by ColorNoise in view of Beacon40 to include a rechargeable battery that may be recharged through a wired connection as taught by Karp in order to improve the device by providing enhanced portability.
Fortkort discloses an analogous phototherapeutic device comprising a plurality of LEDs (individual LEDs, #615, in the LED array, #605, may be activated such that the source of electromagnetic radiation oscillates (e.g., turns on and off) at a frequency of 40 Hz or 20 Hz to match beta and gamma frequencies) [par. 0088, 0090].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device to use LEDs to emit light at frequencies of 40 Hz as taught by Fortkort in order to provide stimulation at beta and gamma brainwave frequencies.
Chien discloses an analogous electronic device comprising a USB (Universal Serial Bus) port integrated with the body, to be utilized for establishing a wired connection between the device and an external power source via a voltage converter inbuilt within the USB in view of recharging the rechargeable battery [pars. 0054, 0747].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device to include an integrated USB port for recharging the rechargeable battery as taught by Chien.
[Claim 13] The light emitter emits a plurality of color of light (12 different colors/color temperatures) to enhance ergonomic usage of the device in day and evening without hindering circadian sleep cycle.
[Claim 15] The light intensity adjustment knob allows adjustment of brightness of light at varying percentages (Beacon40 shows seven different brightness levels associated with knob 4). It would have been obvious to one of ordinary skill in the art before the effective filing date to select different percentages of brightness up to 100% such as 25%, 50%, and 100% to adjust to a user’s preference.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over ColorNoise in view of Beacon40, Karp et al. (US 2023/0144816), Fortkort et al. (US 2023/0321458) and Chien et al. (US 2022/0267205) as applied to claim 12 above, and further in view of Donofrio et al. (US 2013/0193453).
[Claim 14] The previously applied references disclose a light emitter but do not disclose the light emitter has a 50,000 lifespan and a full spectrum of at least RA90.
Donofrio discloses LEDs emitting a variety of color temperatures between 2700K to 5000K, minimum CRI of RA90, and lifetimes greater than 50,000 hours [par. 0213].
It would have been obvious to one of ordinary skill in the art before the effective filing date to select an LED emitter with a 50,000 hour lifespan with a CRI of at least RA90 as taught by Donofior in order to provide a long lasting emitter with good color reproduction.
Claims 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Beacon40 in view of Fortkort et al. (US 2023/0321458) in view of Chen (US 10,028,360) in view of Karp et al. (US 2023/0144816) and further in view of Chien et al. (US 2022/0267205).
[Claims 17, 19] Beacon40 discloses a portable multi-functional light flicker device for stimulating beta brain waves to improve cognitive performance of the brain, the device comprising:
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a body having a top portion and bottom portion (see annotated image) configured to hold a plurality of components of the device;
a light emitter (see annotated image);
knobs (3, 4) configured to operate a plurality of operations, the plurality of operations comprises a color change (knob 3 changes the tone/color from warm to cool which one in the art would recognize as 2700K to 6000K) and a brightness change of the lights (knob 4 changes the brightness); and
a microcontroller configured to control the light at a pre-defined frequency range (40 Hz emission).
Beacon40 does not disclose (1) a plurality of LEDs, (2) a button for color change and brightness change, (3) a power supply unit integrated within the body to provide power to the device, (4) a pre-defined frequency range is 20 Hz to 24 Hz offering high brightness of over 600 lumens comprising a plurality of color options including 3000K, 6000K, 660 nm, and 850 nm red lights, and (5) when the button is long pressed, the microcontroller changes the color of the lights and when the button is single quick pressed, the microcontroller changes the brightness of the lights.
Fortkort discloses an analogous phototherapeutic device comprising a plurality of LEDs (individual LEDs, #615, in the LED array, #605, may be activated such that the source of electromagnetic radiation oscillates (e.g., turns on and off) at a frequency of 40 Hz or 20 Hz to match beta and gamma frequencies) [par. 0088, 0090]. Low beta waves are 16-20 Hz and High beta waves are 21-37 Hz [par. 0006]. Fortkort discloses the use of light sources which emit at about 470 nm, 670 nm and 870 nm [par. 0113].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Beacon40 to use LEDs to emit light that flickers at 20-24 Hz to provide beta therapy in addition to gamma therapy as taught by Fortkort. Beacon40 disclose emitting a range of color temperatures that includes 3000K and 6000K and Fortkort discloses emitting red light of about 470 nm and 870 nm which one of skill in the art would recognize as sufficiently close to 660 nm and 850 nm.
Chen discloses a selective control for lighting comprising a switch (68) in the form of a button that may be controlled with a long press and a short press to choose various functions including light color [col. 8, lines 3-15].
It would have been obvious to one of ordinary skill in the art before the effective filing date to replace the color and brightness adjustment knobs taught by Beacon40 with a button that may be long pressed to control the color and short pressed to control the brightness as taught by Chen. The skilled artisan would recognize that long and short button presses could be associated with any desired function of the light emitter.
Karp discloses an analogous adjustable lighting device comprising a microcontroller (controller, Fig. 7 #10) to control operation of a light emitting module (light source, Fig. 7 #120) [par. 0020]. Karp discloses a rechargeable battery (Fig. 1 #119) that may be recharged through a wired connection to supply power to the device [par. 0042].
It would have been obvious to one of ordinary skill in the art before the effective filing date to to utilize a controller to control the light emitting module as taught by Karp in order to convey a user command inputs to the respective modules to realize the desired outputs, and to include a rechargeable battery that may be recharged through a wired connection as taught by Karp in order to improve the device by providing enhanced portability.
Chien discloses an analogous electronic device comprising a USB (Universal Serial Bus) port integrated with the body, to be utilized for establishing a wired connection between the device and an external power source via a voltage converter inbuilt within the USB in view of recharging a rechargeable battery [pars. 0054, 0747].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device to include a rechargeable battery and an integrated USB port for recharging the rechargeable battery as taught by Chien in order to improve portability.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Beacon40, Fortkort et al. (US 2023/0321458), Chen (US 10,028,360), Karp et al. (US 2023/0144816) and Chien et al. (US 2022/0267205) as applied to claim 17 above, and further in view of Reier (US 2015/0240998).
[Claim 18] The previously applied references do not disclose the plurality of LED’s are a plurality of RA95 LED’s.
Reier discloses LED lamps having a CRI of at least RA95 [par. 0049].
It would have been obvious to one of ordinary skill in the art before the effective filing date to use an LED with a CRI of at least RA95 as taught by Reier in order to provide an emitter with good color reproduction.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Beacon40, Fortkort et al. (US 2023/0321458), Chen (US 10,028,360), Karp et al. (US 2023/0144816) and Chien et al. (US 2022/0267205) as applied to claim 17 above, and further in view of Moyers (US 2016/0116145).
[Claim 20] The previously applied references do not disclose at least one or combination of a slot for hanging the device on an external support structure, a magnetic component for attaching the device a metal surface, an aperture to tie a loop for hanging.
Moyers discloses light device (#20) comprising a magnetic component (base, #21, having a magnetic fastener, #30) for attaching the device a metal surface [par. 0029].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device to include a magnetic base as taught by Moyers in order to improve stability by causing the base to be magnetically held against a metal surface such as a table.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN J JENNESS whose telephone number is (571)270-5055. The examiner can normally be reached M-F 8:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Lefkowitz can be reached at 571-272-2180. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 19 November 2025