Prosecution Insights
Last updated: April 19, 2026
Application No. 18/641,516

STAND FOR THERAPY PADS

Non-Final OA §103
Filed
Apr 22, 2024
Examiner
JENNESS, NATHAN JAY
Art Unit
3733
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Lumaflex LLC
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
3y 6m
To Grant
92%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
233 granted / 434 resolved
-16.3% vs TC avg
Strong +38% interview lift
Without
With
+37.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
26 currently pending
Career history
460
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
43.5%
+3.5% vs TC avg
§102
13.9%
-26.1% vs TC avg
§112
31.0%
-9.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 434 resolved cases

Office Action

§103
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. Claims 1-2, 11-12 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Whitehurst (US 2007/0038269) in view of Dee et al. (US 2025/0180193) and further in view of Pfiffner (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), 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]. PNG media_image1.png 346 590 media_image1.png Greyscale 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. 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. PNG media_image2.png 658 626 media_image2.png Greyscale 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. 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 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. 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), 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: PNG media_image3.png 942 664 media_image3.png Greyscale 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 Dee and Pfiffner by substituting the articulated arm with the pivotally connected telescopic members, holding backet and holding panel 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 (see annotated figures below for the first holding panel). The second holding panel is disclosed to be a hinged joint. The examiner take Official Notice that it is well known that a hinge structure connects two objects, allowing limited rotation around a fixed axis, typically via two leaves (plates) joined by a central knuckle (loop) through which a pin (pivot) passes. The top member is the first leave, the bottom member is the second leave, and the lateral member is the pin. PNG media_image4.png 322 410 media_image4.png Greyscale PNG media_image5.png 426 922 media_image5.png Greyscale [Claim 5] Each one of the top member and the bottom member comprises one or more engaging members configured to engage with complementary engaging members of the therapy pads (the first holding panels have holes that engage with screws, Fig. 13 #270a, of the therapy pad and the second holding panels are hinges that would also be obvious to attach via holes and screws). [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. PNG media_image6.png 942 664 media_image6.png Greyscale [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), 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), 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 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. Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Whitehurst (US 2007/0038269) in view of Dee et al. (US 2025/0180193) and further in view of Boyajian et al. (US 2023/0001227). [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 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. 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: 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 Dee and Pfiffner by substituting the articulated arm with the pivotally connected telescopic members, holding backet and holding panel 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 14] 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 (see annotated figure in the rejection of claim 7 above). [Claim 15] 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]. 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 in order to enable on operator the ability to control the emission of the light source. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: (1) Boyajian et al. (US 2023/0145771) discloses a photodynamic therapy stand with telescoping arms, pivot points, hinged panels, and a controller/control panel. PNG media_image7.png 842 518 media_image7.png Greyscale (2) Mulcher et al. (US 2025/0271125) discloses a telescoping light assembly powered by batteries. (3) Smith (US 10,663, 124) discloses a portable light stand assembly with pivoting mounting brackets and a telescoping post. (4) Liao (US 2018/0266666) discloses an omnidirectional light stand with wheeled shoes. (5) Wang (US 2016/0351563) discloses a magnetic connection between a light and a mount wherein power is provided through the mount. (6) Thaw (US 4,740,707) discloses a portable tanning unit with telescoping and pivoting arms. (7) Hancock (US 4,651,263) discloses a light stand with wheeled shoes. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 17 January 2026
Read full office action

Prosecution Timeline

Apr 22, 2024
Application Filed
Jan 17, 2026
Non-Final Rejection — §103 (current)

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Expected OA Rounds
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Grant Probability
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