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 .
Status of Application, Amendments and Claims
Applicant’s response submitted 18 April 2026 has been entered. Claims 1-22 are pending, claims 1, 3-5, 13-16 and 18 are amended.
Response to Arguments
Applicant’s arguments with respect to claims 1, 13 and 16 have been considered but are moot in view of new grounds of rejection to address the newly added limitations.
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.
Claims 1-2, 11-12 and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Whitehurst (US 2007/0038269) in view of Muldner (US 2006/0020308) in view of Dee et al. (US 2025/0180193) and further in view of Piffler (US 2022/0016435).
[Claims 1, 2] Whitehurst discloses a stand for therapy pads (head, Fig. 1 #6, comprising light emitting panels, Figs 1-2b #6a-d), the stand comprising:
a control module (base, Fig. 1 #2, including a controller, Fig. 1 #5) comprising a power supply (Fig. 1 #3) [par. 0029]; and
a frame (articulated arm, Fig. 1 #4) mechanically coupled to the control module, the frame configured to fasten thereupon one or more therapy pads (the articulated arm connects the base and the head/light emitting panels), the therapy pads connected to one another in a pivoting fashion (by hinges, Fig. 1 #9a, 9b, 9c), and
wherein the control module is configured to supply electrical power to the one or more therapy pads (the controller controls the supply of power to the head/light emitting panels) [par. 0029].
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Whitehurst does not disclose comprising one or more first holding panels and one or more second holding panels pivotably coupled to the one or more first holding panels wherein each of the one or more first holding panels and the one or more second holding panels is configured to detachably support a respective therapy pad from a plurality of therapy pads, wherein each of the one or more first holding panels and the one or more second holding panels includes one or more power supply terminals; and wherein the plurality of therapy pads, while detachably mounted to the one or more first holding panels and the one or more second holding panels, receive operating power from the plurality of energy storage units through the one or more power supply terminals, and are simultaneously powered and operated in a coordinated manner to deliver therapy to multiple body parts of a user.
Muldner discloses a light therapy device comprising an operator control panel (Fig. 1 #1), a pivotably mounted light therapy source (Fig. 1 #2), a plurality of therapy pads (LED array modules, Fig. 1 #3), power supply terminals (power transfer connectors, Fig. 2 #4), holding panels (the portions of the shroud, Fig.2 #5, that receive the LED array modules) and mounting screws (Fig. 2 #6). The mounting screws are used to removable attached the therapy pads to the power supply terminals. Using replaceable therapy pads (LED modules) enables device maintenance by user operators not trained as maintenance technicians [abstract].
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It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the pivotably connected therapy pads taught by Whitehurst to be removable and individually connect to power supply terminals as taught by Muldner in order to enable device maintenance by user operators not trained as maintenance technicians. The resulting structure would result in the plurality of therapy pads, while detachably mounted to the one or more first holding panels and the one or more second holding panels, receive operating power from the plurality of energy storage units through the one or more power supply terminals, and are simultaneously powered and operated in a coordinated manner to deliver therapy to multiple body parts of a user.
Whitehurst in view of Muldner does not disclose the power supply comprises a plurality of docking stations configured to dock therewithin a plurality of respective energy storage units, the plurality of energy storage units configured to store electrical energy.
Dee discloses an analogous stand for a light emitting device comprising a base module (Figs. 1,4 #14) containing a power supply (power source, Fig. 4 #42) comprising a plurality of docking stations configured to dock therewithin a plurality of respective energy storage units (battery receptacle, Fig. 4 #68, for receiving four batteries, Fig. 4 #64, and electrically coupling the batteries to an internal electronic system of the base module), the plurality of energy storage units configured to store electrical energy (the function of batteries) [pars. 0031-0032].
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the power supply of Whitehurst to include a docking station or a plurality of docking stations for receiving four batteries as taught by Dee in order to provide power to the therapy pads connected to the stand. This constitutes a simple substitution of one known power supply for another known power supply.
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Whitehurst in view of Mulder and Dee does not render obvious one or more power supply terminals comprised within the frame, the one or more power supply terminals configured to contact one or more complementary power-receiving terminals of the one or more respective therapy pads via magnets.
Pfiffner discloses an analogous light therapy device stand comprising a frame (charging stand, #48) having power supply terminals configured to contact one or more complementary power-receiving terminals of one or more respective therapy pads (at least one of the charging contact, Fig. 9 #50a, and the charging contact, Fig. 10 #50b, may comprise magnetic material such that the charging contacts are configured to magnetically couple. Magnetic coupling may enable the device 10 to retain a charging position on the charging stand and reduce the chance of severing the charging connection after a small movement, bump, etc., of the device and/or the charging stand) [par. 0207].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stand rendered obvious by Whitehurst in view of Dee to include magnetically coupled power supply terminals with in the frame and power-receiving terminals in at least one of the therapy pads as taught by Pfiffner in order to retain the therapy in a charging/powered position while reducing the chance for severing the connection.
[Claim 11] Whitehurst does not disclose the control module further comprises a user interface configured to receive control input signals to modify operational characteristics of the one or more therapy pads.
Dee discloses a light assembly (#22) coupled to a controller (#96) and a user interface (#88). The user interface allows an operator to select one of the plurality of modes based on the desired illumination scope and the controller operates groups of LEDs based on the input [par. 0058].
Pfiffner discloses a control panel (Fig. 12 #116) which may be positioned at a variety of locations on the device for controlling the operation of LED lights [par. 0223].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stand of Whitehurst to include a user interface as taught by Dee and Pfiffner in order to enable on operator the ability to control the emission of the light source.
[Claim 12] Whitehurst does not disclose wherein the control module further comprises a communication interface configured to receive control input signals from a user computing device, over a communication network, to modify operational characteristics of the one or more therapy pads.
Pfiffner discloses in some embodiments a PCBA (#18) is coupled to a Bluetooth module configured to facilitate Bluetooth connection between the device and a remote computing device. The remote computing device may include at least one user control operatively coupled to the control board and, thereby, to the at least one LED [pars. 0185, 0193, 0236].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stand of Whitehurst to include a communication interface (e.g. Bluetooth) for receiving signals from a user computing device as taught by Pfiffner in order to provide remote control over the therapy pads and/or to perform updates.
[Claim 13] Whitehurst discloses a stand for therapy pads (head, Fig. 1 #6, comprising light emitting panels, Figs 1-2b #6a-d), the stand comprising:
a control module (base, Fig. 1 #2, including a controller, Fig. 1 #5) comprising a power supply (Fig. 1 #3) [par. 0029]; and
a frame (articulated arm, Fig. 1 #4) mechanically coupled to the control module, the frame configured to fasten thereupon one or more therapy pads (the articulated arm connects the base and the head/light emitting panels).
Whitehurst discloses an articulated arm with several hinged joints for positioning the therapy pads at a variety of three dimensional positions and hinges (Figs. 1-2b #9a-c) positioned between therapy pads. Whitehurst does not disclose one or more first holding panels; and one or more second holding panels pivotably coupled to the one or more first holding panels, wherein each of the one or more first holding panels and the one or more second holding panels comprises a support structure including: a top member ;a bottom member spaced apart from the top member; and one or more lateral members extending between the top member and the bottom member, wherein the top member, the bottom member, and the one or more lateral members altogether define a receiving region configured to removably receive at least a portion of a respective therapy pad therebetween, wherein each support structure comprises one or more engaging members configured to removably retain the respective therapy pad within the receiving region by engaging complementary engaging members of the respective therapy pad, wherein the one or more first holding panels and the one or more second holding panels are arranged around a treatment region such that, when a plurality of therapy pads are mounted thereon, the plurality of therapy pads at least partially surround the treatment region and direct therapeutic light toward the treatment region from a plurality of different directions simultaneously, wherein each of the one or more first holding panels and the one or more second holding panels further comprises one or more power supply terminals disposed within the respective support structure, wherein each therapy pad comprises one or more complementary power-receiving terminals configured to magnetically couple to and electrically contact a respective one of the one or more power supply terminals when the therapy pad is removably retained within the receiving region, wherein the plurality of docking stations and the plurality of removable energy storage units are disposed within the control module at a location spaced apart from the one or more power supply terminals disposed within the one or more first holding panels and the one or more second holding panels, and wherein the control module is configured to simultaneously supply electrical power from two or more of the removable energy storage units to two or more of the therapy pads through different respective power supply terminals while the two or more therapy pads are mounted on different holding panels surrounding the treatment region.
Muldner discloses a light therapy device comprising an operator control panel (Fig. 1 #1), a pivotably mounted light therapy source (Fig. 1 #2), a plurality of therapy pads (LED array modules, Fig. 1 #3), power supply terminals (power transfer connectors, Fig. 2 #4), holding panels (the portions of the shroud, Fig.2 #5, that receive the LED array modules) and mounting screws (Fig. 2 #6). The mounting screws are used to removable attached the therapy pads to the power supply terminals. Using replaceable therapy pads (LED modules) enables device maintenance by user operators not trained as maintenance technicians [abstract].
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Wherein each one of the one or more first holding panels and the one or more second holding panels comprises a top member, a bottom member, and one or more lateral members connecting the top member and the bottom member, wherein the top member, the bottom member, and the one or more lateral members altogether define a receiving region configured to receive at least a portion of a respective therapy pad between the top member and the bottom member.
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Wherein each one of the top member and the bottom member comprises one or more engaging members configured to removably retain the therapy pad within the receiving region by engaging complementary engaging members of the therapy pads (implicitly screw receiving holes to receive the mounting screws, #6).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the pivotably connected therapy pads taught by Whitehurst to be removable and individually connect to power supply terminals as taught by Muldner in order to enable device maintenance by user operators not trained as maintenance technicians. The resulting structure would result in the plurality of therapy pads, while detachably mounted to the one or more first holding panels and the one or more second holding panels, receive operating power from the plurality of energy storage units through the one or more power supply terminals spaced away from the control module, and are simultaneously powered and operated in a coordinated manner to deliver therapy to multiple body parts of a user.
Whitehurst in view Mulder does not disclose the power supply comprises a plurality of docking stations configured to dock therewithin a plurality of respective energy storage units, the plurality of energy storage units configured to store electrical energy.
Dee discloses an analogous stand for a light emitting device comprising a base module (Figs. 1,4 #14) containing a power supply (power source, Fig. 4 #42) comprising a plurality of docking stations configured to dock therewithin a plurality of respective energy storage units (battery receptacle, Fig. 4 #68, for receiving four batteries, Fig. 4 #64, and electrically coupling the batteries to an internal electronic system of the base module), the plurality of energy storage units configured to store electrical energy (the function of batteries) [pars. 0031-0032].
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the power supply of Whitehurst in view of Mulder to include a docking station or a plurality of docking stations for receiving four batteries as taught by Dee in order to provide power to the therapy pads connected to the stand. This constitutes a simple substitution of one known power supply for another known power supply.
Whitehurst in view of Mulder and Dee does not render obvious one or more power supply terminals comprised within the frame, the one or more power supply terminals configured to contact one or more complementary power-receiving terminals of the one or more respective therapy pads via magnets.
Pfiffner discloses an analogous light therapy device stand comprising a frame (charging stand, #48) having power supply terminals configured to contact one or more complementary power-receiving terminals of one or more respective therapy pads (at least one of the charging contact, Fig. 9 #50a, and the charging contact, Fig. 10 #50b, may comprise magnetic material such that the charging contacts are configured to magnetically couple. Magnetic coupling may enable the device 10 to retain a charging position on the charging stand and reduce the chance of severing the charging connection after a small movement, bump, etc., of the device and/or the charging stand) [par. 0207].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stand rendered obvious by Whitehurst in view of Dee to include magnetically coupled power supply terminals with in the frame and power-receiving terminals in at least one of the therapy pads as taught by Pfiffner in order to retain the therapy in a charging/powered position while reducing the chance for severing the connection.
[Claim 14] Whitehurst discloses at least one of the one or more second holding panels is pivotable relative to the one or more first holding panels to vary an angular orientation of a corresponding therapy pad with respect to the treatment region (see figure in rejection of claim 1).
[Claim 15] Whitehurst the frame is selectively configurable between a first configuration in which the one or more first holding panels and the one or more second holding panels are positioned above the treatment region such that the plurality of therapy pads direct therapeutic light downward toward the treatment region; and a second configuration in which at least one of the one or more second holding panels is pivoted relative to the one or more first holding panels such that the plurality of therapy pads are arranged substantially parallel to the treatment region and direct therapeutic light laterally toward the treatment region (various configurations including the claimed configuration are achievable due to hinged joints, Fig. 1 #7a-c, and hinges, Fig. 1 #9a-c).
[Claim 16] Whitehurst discloses a method of using a stand for therapy pads (head, Fig. 1 #6, comprising light emitting panels, Figs 1-2b #6a-d), the method comprising:
providing the stand, the stand comprising:
a control module (base, Fig. 1 #2, including a controller, Fig. 1 #5) comprising a power supply (Fig. 1 #3) [par. 0029], and
a frame (articulated arm, Fig. 1 #4) mechanically coupled to the control module, the frame configured to fasten thereupon one or more therapy pads (the articulated arm connects the base and the head/light emitting panels),
wherein the control module is configured to supply electrical power to the one or more therapy pads (the controller controls the supply of power to the head/light emitting panels) [par. 0029],
Whitehurst does not disclose the power supply comprises a plurality of docking stations configured to dock therewithin a plurality of respective energy storage units, the plurality of energy storage units configured to store electrical energy.
Whitehurst does not disclose comprising one or more first holding panels and one or more second holding panels pivotably coupled to the one or more first holding panels wherein each of the one or more first holding panels and the one or more second holding panels is configured to detachably support a respective therapy pad from a plurality of therapy pads, wherein each of the one or more first holding panels and the one or more second holding panels includes one or more power supply terminals; and wherein the plurality of therapy pads, while detachably mounted to the one or more first holding panels and the one or more second holding panels, receive operating power from the plurality of energy storage units through the one or more power supply terminals, and are simultaneously powered and operated in a coordinated manner to deliver therapy to multiple body parts of a user.
Muldner discloses a light therapy device comprising an operator control panel (Fig. 1 #1), a pivotably mounted light therapy source (Fig. 1 #2), a plurality of therapy pads (LED array modules, Fig. 1 #3), power supply terminals (power transfer connectors, Fig. 2 #4), holding panels (the portions of the shroud, Fig.2 #5, that receive the LED array modules) and mounting screws (Fig. 2 #6). The mounting screws are used to removable attached the therapy pads to the power supply terminals. Using replaceable therapy pads (LED modules) enables device maintenance by user operators not trained as maintenance technicians [abstract].
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It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the pivotably connected therapy pads taught by Whitehurst to be removable and individually connect to power supply terminals as taught by Muldner in order to enable device maintenance by user operators not trained as maintenance technicians. The resulting structure would result in the plurality of therapy pads, while detachably mounted to the one or more first holding panels and the one or more second holding panels, receive operating power from the plurality of energy storage units through the one or more power supply terminals, and are simultaneously powered and operated in a coordinated manner to deliver therapy to multiple body parts of a user.
Dee discloses an analogous stand for a light emitting device comprising a base module (Figs. 1,4 #14) containing a power supply (power source, Fig. 4 #42) comprising a plurality of docking stations configured to dock therewithin a plurality of respective energy storage units (battery receptacle, Fig. 4 #68, for receiving four batteries, Fig. 4 #64, and electrically coupling the batteries to an internal electronic system of the base module), the plurality of energy storage units configured to store electrical energy (the function of batteries) [pars. 0031-0032].
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the power supply of Whitehurst to include a docking station or a plurality of docking stations for receiving four batteries as taught by Dee in order to provide power to the therapy pads connected to the stand. This constitutes a simple substitution of one known power supply for another known power supply.
Whitehurst in view of Dee does not render obvious one or more power supply terminals comprised within the frame, the one or more power supply terminals configured to contact one or more complementary power-receiving terminals of the one or more respective therapy pads or fastening the one or more therapy pads to the frame, as a result wherein, the one or more complementary power-receiving terminals of the one or more respective therapy pads make contact with the one or more respective power supply terminals of the frame.
Pfiffner discloses an analogous light therapy device stand comprising a frame (charging stand, #48) having power supply terminals configured to contact one or more complementary power-receiving terminals of one or more respective therapy pads (at least one of the charging contact, Fig. 9 #50a, and the charging contact, Fig. 10 #50b, may comprise magnetic material such that the charging contacts are configured to magnetically couple. Magnetic coupling may enable the device 10 to retain a charging position on the charging stand and reduce the chance of severing the charging connection after a small movement, bump, etc., of the device and/or the charging stand) [par. 0207].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stand rendered obvious by Whitehurst in view of Dee to include magnetically coupled power supply terminals with in the frame and power-receiving terminals in at least one of the therapy pads as taught by Pfiffner in order to retain the therapy in a charging/powered position while reducing the chance for severing the connection. As a result, the one or more complementary power-receiving terminals of the one or more respective therapy pads would make contact with the one or more respective power supply terminals of the frame.
Whitehurst does not disclose the control module further comprises a user interface configured to receive control input signals to modify operational characteristics of the one or more therapy pads.
Dee discloses a light assembly (#22) coupled to a controller (#96) and a user interface (#88). The user interface allows an operator to select one of the plurality of modes based on the desired illumination scope and the controller operates groups of LEDs based on the input [par. 0058].
Pfiffner discloses a control panel (Fig. 12 #116) which may be positioned at a variety of locations on the device for controlling the operation of LED lights [par. 0223].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stand of Whitehurst to include a user interface as taught by Dee and Pfiffner in order to enable on operator the ability to control the emission of the light source. As a result, control input signals provided through the user interface would modify the operational characteristics of the one or more therapy pads.
[Claim 17] Whitehurst does not disclose wherein the control module further comprises a communication interface configured to receive control input signals from a user computing device, over a communication network, to modify operational characteristics of the one or more therapy pads.
Pfiffner discloses in some embodiments a PCBA (#18) is coupled to a Bluetooth module configured to facilitate Bluetooth connection between the device and a remote computing device. The remote computing device may include at least one user control operatively coupled to the control board and, thereby, to the at least one LED [pars. 0185, 0193, 0236].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stand of Whitehurst to include a communication interface (e.g. Bluetooth) for receiving signals from a user computing device as taught by Pfiffner in order to provide remote control over the therapy pads and/or to perform updates.
Claims 3-5, 7-8, and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Whitehurst (US 2007/0038269), Muldner (US 2006/0020308), Dee et al. (US 2025/0180193) and Pfiffner (US 2022/0016435) as applied to claims 1 and 16 above and further in view of Harnisch (US 11,988,368).
[Claims 3, 18] Whitehurst discloses an articulated arm with several hinged joints for positioning the therapy pads at a variety of three dimensional positions and hinges (Figs. 1-2b #9a-c) positioned between therapy pads but does not disclose pivotally coupled telescopic members and holding brackets.
Harnisch discloses an analogous light strand frame comprising:
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a first telescopic member (telescoping armature, Fig. 5 #150) comprising a first proximal end and a first distal end, the first proximal end fastened to a base, wherein a first length of the first telescopic member is adjustable,
a second telescopic member (boom, Fig. 5 #220) comprising a second proximal end and a second distal end, the second proximal end pivotably coupled to the first distal end (via boom hinge, Fig. 5 #222), wherein a second length of the second telescopic member is adjustable (boom extension arm, Fig. 5 #226, may telescopically slide into or out of the boom arm, Fig. 5 #224, to lengthen or shorten the boom when a second boom extension nut, Fig. 5 #227),
a holding bracket (first tool holder, Fig. 5 #250) pivotably coupled to the second distal end, wherein the holding bracket is configured to pivot about the second distal end (the first tool holder may rotate and pivot) [Figs. 5-8],
one or more first holding panels (fork, Fig. 5 #254) fastened to the holding bracket, the one or more first holding panels configured to fasten thereupon the one or more respective therapy pads (floodlight, Fig. 5 #270).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stand rendered obvious by Whitehurst in view of Muldner, Dee and Pfiffner by substituting the articulated arm with the pivotally connected telescopic members and holding backet as taught by Harnish. The substitution constituting a simple substitution of one known three dimensionally positionable light source frame with another known three dimensionally positionable light source frame. This substitution would also result in one or more second holding panels (the hinges, Figs. 1-2b #9a and 9c, between panels taught by Whitehurst) pivotably coupled to the one or more first holding panels, the one or more second holding panels configured to fasten thereupon one or more respective therapy pads.
[Claim 4] Each one of the one or more first holding panels and the one or more second holding panels comprises a top member, a bottom member, and one or more lateral members connecting the top member and the bottom member, wherein the top member, the bottom member, and the one or more lateral members altogether define a receiving region configured to receive at least a portion of a respective therapy pad between the top member and the bottom member.
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[Claim 5] Each one of the top member and the bottom member comprises one or more engaging members configured to removably retain the therapy pad within the receiving region by engaging complementary engaging members of the therapy pads (implicitly screw receiving holes to receive the mounting screws, #6).
[Claim 7] The first telescopic member comprises a first movable arm and a first stationary arm, the first movable arm configured to translate relative to the first stationary arm, the second telescopic member comprises a second movable arm and a second stationary arm, the second movable arm configured to translate relative to the second stationary arm, the frame further comprising an actuator arm connected between the first movable arm and the second movable arm.
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[Claims 8, 20] A translation lock is provided between the first movable arm and the first stationary arm, the translation lock configured to arrest the translation of the first movable arm relative to the first stationary arm (a first pole segment, Fig. 2 #205, is telescopically adjustable relative to the base, Fig. 2 #200, and controlled with a second adjustment mechanism, Fig. 2 #206).
[Claim 19] Whitehurst in view of Dee, Pfiffner, and Harnisch renders obvious the adjusting of the first and the second lengths of the first and the second telescopic members respectively and a control module but does not disclose the driving of the telescopic members is performed through the control module.
However, Dee discloses a controller (#96) that controls the light assembly, the motorized telescoping mast drive mechanism (#34) and a drive motor (#84) [pars. 0029, 0058].
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the stand to include motorized telescoping arms controlled by the controller as taught by Dee in order to provide improved control over the positioning of the device. This constitutes the automation of a manual activity and is prima facie obvious.
[Claim 21] The arresting of the translation of the first movable arm relative to the first stationary arm by engaging a translation lock would be performed through the control module in the modified stand. The translation lock of the arm would be the motors in the arm and the motors are controlled by the control module.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Whitehurst (US 2007/0038269), Muldner (US 2006/0020308), Dee et al. (US 2025/0180193), Pfiffner (US 2022/0016435) and Harnisch (US 11,988,368) as applied to claim 4 above and further in view of McElderry (US 9,924,005).
[Claim 6] The previously applied references do not disclose one or more respective lateral lengths of the one or more lateral members are adjustable.
McElderry discloses an analogous mounting/holding device comprising a top member (main clamp #120), bottom member (bottom clamp, #110), and lateral member (pusher #130, 136) wherein the lateral member is adjustable to fit a variety of device sizes.
It would have been obvious to one of ordinary skill in the art before the effective filing date to use the mounting/holding device with an adjustable lateral member as taught by McElderry in order to hold different sized therapy pads.
Claims 9-10 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Whitehurst (US 2007/0038269), Muldner (US 2006/0020308), Dee et al. (US 2025/0180193) and Pfiffner (US 2022/0016435) as applied to claims 1 and 16 above and further in view of Boyajian et al. (US 2023/0001227).
[Claims 9, 10, 22] Whitehurst discloses a base configured to support the control module and frame but does not explicitly disclose a shoe with a wheel.
Boyajian disclose an analogous adjustable illuminator comprising a base in the form of a shoe (Fig. 4 #81) comprising a wheel (Fig. 4 #87) for transporting the stand from one location to another location [par. 0025].
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the stand rendered obvious by Whitehurst in view of Mulder, Dee and Pfiffner to include a base in the form of a shoe with wheels as taught by Boyajian in order improve the ability to move the stand from one place to another.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
(1) Ferguson et al. (US 2006/0229689) discloses an LED therapy device comprising a stand with removable LED panels. The LED panels are powered directly by a power cord (see Fig. 2).
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.
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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/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 27 May 2026
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