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 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.
Claim(s) 1-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over BR PI 0709027 Ilya et al., hereinafter “Ilya”, in view of US 2007/0268604 Sasaki et al., hereinafter “Sasaki” (both cited previously), further in view of KR 101025473 Yang, hereinafter “Yang”.
Regarding claim 1, Ilya discloses a meridian stimulation device (Abstract) comprising: a light emitting unit (Figure 1 and 3; elements 104 and 118) configured to emit a visible light (Page 9, lines 25-27; Page 10, lines 40-47); a filter that is attached to a selected position that is corresponding to an acupuncture point (Page 9, lines 10-19; the irradiation is used for alleviating pain, which inherently means an acupuncture point is stimulated, based on the tissue that needs treatment) of a body of a user and through which the visible light is transmitted (Page 27, lines 29-47) without absorbing the visible light (Page 9, lines 25-27 and Page 10, lines 39-45, see also Page 27, lines 29-47; Ilya discloses a filter that absorbs some wavelengths, but discloses that visible light is used to treat the skin; therefore it is clearly not absorbing the visible light); a controller configured to control the light emitting unit to emit the visible light (Page 4, lines 2-3, 15-17, and 33-36) in synchronization with a heartbeat cycle of the user (Page 21, lines 16-19); and a communication unit configured to transmit and receive related information to and from a server (Page 4, lines 2-3, 15-17, and 33-36); the filter transmits the visible light without absorbing the visible light (Page 9, lines 25-27 and Page 10, lines 39-45, see also Page 27, lines 29-47; Ilya discloses a filter that absorbs some wavelengths, but discloses that visible light is used to treat the skin; therefore it is clearly not absorbing the visible light).
Ilya does not disclose the filter is formed by mixing selenium (Se) and at least one mineral among a plurality of minerals including iron (Fe), magnesium (Mg), calcium (Ca), lithium (Li), zinc (Zn), copper (Cu), molybdenum (Mo), chromium (Cr), nickel (Ni) and nobelium (No) in a more than one different ratio based on a more than one type of disease.
However, Sasaki discloses a light treatment device (Abstract) and teaches the filter is formed by mixing selenium (Se) and at least one mineral among a plurality of minerals including iron (Fe), magnesium (Mg), calcium (Ca), lithium (Li), zinc (Zn), copper (Cu), molybdenum (Mo), chromium (Cr), nickel (Ni) and nobelium (No) in a more than one different ratio based on a more than one type of disease (Para 27-28; the ratio is inherently chosen for at least the type of disease in Sasaki; Examiner recognizes the amendment made, however under BRI Sasaki still reads on this limitation. First, only one filter is disclosed in the claims, meaning one combination of minerals is made to target one disease. The claim discloses “the filter is formed” examiner sees this as being an issue down the line because this is a system claim. Are the filters formed during treatment? Or is there more than one filter formed pre-treatment with different ratios that target different diseases? If the latter is true, examiner suggests amending claim 1 to disclose more than one filter, that would overcome this rejection. As for Sasaki, it discloses more than one ratio of the materials discussed in Para 27-28 and it is to treat multiple skin diseases, see Para 4).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed a filter formed on selenium and at least one mineral as taught by Sasaki, in the invention of Ilya, in order to filter the light wavelengths that are not needed (Sasaki; Para 27-28).
Ilya does not disclose the filter, in operation, allows the transmission of an entire visible wavelength of the visible light; wherein the filter transmits the entire visible wavelength of the visible light for treatment purpose without absorbing the visible light.
However, Yang discloses a meridian light therapy device (Page 2, lines 1-8) and teaches the filter, in operation, allows the transmission of an entire visible wavelength of the visible light; wherein the filter transmits the entire visible (Page 12, lines 11-13 and Page 4, lines 4-5; only visible light is irradiated).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed transmission of the entire visible spectrum as taught by Yang, in the invention of Ilya, in order to relax tense muscles and reduce pain (Yang; Page 6, line 13).
Regarding claim 2, Ilya discloses the controller controls wavelength of the visible light which is emitted from the light emitting unit for each type of disease (Page 9, lines 22-24 and Page 21, lines 20-23).
Regarding claim 3, Ilya discloses the controller controls intensity of the visible light that is emitted from the light emitting unit in order to control a degree of stimulation of the selected position for each type of disease (Page 7, lines 12-40).
Regarding claim 4, Ilya discloses the selected position is a position corresponding to an acupuncture point that is selected corresponding to the type of disease, among a plurality of acupuncture points of the body of the user (Page 9, lines 10-19; the irradiation is used for alleviating pain, which inherently means an acupuncture point is stimulated, based on the tissue that needs treatment).
Regarding claim 6, Ilya discloses the controller is configured to instruct transmitting information corresponding to a health condition of the user to the server (Page 5, lines 6-10 and 15-20, see also Page 19, lines 24-30).
Regarding claim 7, Ilya discloses the controller controls operation of the meridian stimulation device based on information that is transmitted from the server based on the health condition of the user (Page 5, lines 6-10 and 15-20, see also Page 19, lines 24-30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYA ZIAD BAKKAR whose telephone number is (313)446-6659. The examiner can normally be reached on 7:30 am - 5:00 pm M-Th.
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/AYA ZIAD BAKKAR/
Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796