The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Forhan (US Patent Pub. No. 2022/0339460).
Forhan discloses a light therapy device (see Abstract, “A therapy system includes a therapy output device that includes light sources and a controller”), comprising:
a main body (see device 120 in Figures 3A-3B, see 120 in Figure 4A);
an array comprising a plurality of individual optical emitters positioned within the main body (see numerals 122a-122d in Figure 1B, and paragraph 35);
a display panel that is positioned along the main body (see paragraph 45, “The therapy output device 120 may further include one or more user inputs 130 and/or one or more displays 132… The one or more displays 132 may, for example, include one or more lights (e.g., LEDs) that output visible light and/or a display screen”);
a system controller that is in communication with each of the display panel and the array of optical emitters (see numeral 126 in Figure 1A, which shown connected to both display 132 and LEDs 122; paragraph 43 states that “The controller 126 is configured to control the light sources 122 to output the light according to various different ones of the therapy programs”);
wherein the array of optical emitters is configured to simultaneously produce an optical output at a plurality of target wavelengths (see paragraphs 32-33 which states “The one or more light sources 122 are individually or cooperatively configured to output the electromagnetic radiation”,; additionally noted that the controller controls the light sources and is capable of causing the various LEDs to illuminate at the same time, if desired; see paragraph 62, “It should be understood that the therapy program modules 522a-n include instructions that are executable by the therapy output device 120 to achieve the parameters of the therapy program (e.g., peak wavelengths, power and/or irradiance of the peak wavelengths, and time and/or energy density of the peak wavelengths”).
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 2-13 are rejected under 35 U.S.C. 103 as being unpatentable over Forhan in view of van de Ven et al. (US Patent Pub. No. 2022/0280807), herein referred to as Ven.
Regarding claim 2, Forhan is described above with regard to claim 1. Additionally, it is noted that Forhan teaches the following in paragraph 31:
The therapy output device 120 may output electromagnetic radiation with any combination (e.g., one, two, three, four, or more) of peak wavelengths in the blue light spectrum of 400-450 nm (e.g., 410-420 nm, such as approximately 415 nm), in the red light spectrum of 630-680 nm (e.g., 650-670 nm, such as approximately 660 nm), and/or in the infrared light spectrum of 780-830 nm (e.g., 800-820 nm, such as approximately 805 nm), 825-875 nm (e.g., 840-860 nm, such as approximately 850 nm), and/or 1030-1080 nm (e.g., 1040-1060 nm, such as approximately 1050 nm). In the case of outputting electromagnetic radiation at multiple peak wavelengths, the different peak wavelengths may be identified according to the spectrum of the peak wavelength (e.g., blue light, red light, and/or infrared light peak wavelengths) and/or numerically between spectrums and/or within a spectrum (e.g., first and second peak wavelengths, or first and second infrared peak wavelengths). In one specific example, the therapy output device 120 is configured to selectively output the electromagnetic radiation at peak wavelengths in each of four spectrums that include a red light spectrum at 650-670 nm (e.g., 660 nm), a first infrared light spectrum at 800-820 nm (e.g., 810 nm), a second infrared light spectrum at 840-860 nm (e.g., approximately 850 nm), and a third infrared light spectrum at 1040-1060 nm (approximately 1050 nm). In another specific example, the therapy output device 120 is configured to selectively output the electromagnetic radiation at peak wavelengths in each of three spectrums that include a red light spectrum at 650-670 nm (e.g., 660 nm), a first infrared light spectrum at 840-860 nm (e.g., approximately 850 nm), and a second infrared light spectrum at 1040-1060 nm (approximately 1050 nm). In a still further example, the therapy output device 120 is configured to selectively output the electromagnetic radiation at peak wavelengths in each of seven spectrums that include one peak wavelength in each of the blue light spectrum, the yellow light spectrum, the red light spectrum, and the UVB spectrum and three peak wavelengths in the infrared spectrum (e.g., between 780-2500 nm, such as 780-1200 nm).
Therefore, Forhan teaches that its device would include one, two, three, four, or more peak wavelengths, with a specific example where “the therapy output device 120 is configured to selectively output the electromagnetic radiation at peak wavelengths in each of seven spectrums”. While it is states that the red light spectrum of 630-680 nm, Forhan does not explicitly state 630 nm exactly.
Ven teaches treatment of central nervous system disorders (see Title) by administering light to a user (see Abstract), wherein the light is applied through the user’s skin (also in the Abstract). Figure 1 illustrates an array of emitters which may be used. As stated in paragraph 215, “Representative examples of specific characteristics that can be employed in the methods and devices described herein include: using red LEDs (630 nm, 660 nm), NIR LEDs (810 nm, 830 nm, 870 nm)”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to utilize 630 nm red light within an array of light emitters, as taught by Ven, and to choose this specific wavelength amongst the range of 630-680nm stated in paragraph 31 of Forhan, because wavelengths of 630nm are “useful to provide anti-inflammatory effects and/or to promote vasodilation” (see paragraph 314 of Ven). Therefore, utilizing this wavelength in the system of Forhan would improve that system’s overall utility by increasing the different afflictions it can treat.
Regarding claim 3, it is noted that Forhan states in paragraph 31 that the red light spectrum include wavelengths in the range of “630-380nm (e.g., 650-670 nm, such as approximately 660 nm)”. Therefore, Forhan explicitly highlights 660nm as its most narrow example. Additionally, Ven explicitly teaches “using red LEDs (630 nm, 660 nm)” in paragraph 215 and discusses it again in paragraph 314.
Regarding claim 4, Forhan teaches in paragraph 31 that “The therapy output device 120 may output electromagnetic radiation with any combination (e.g., one, two, three, four, or more) of peak wavelengths in the blue light spectrum of 400-450 nm (e.g., 410-420 nm, such as approximately 415 nm). However, Forhan does not explicitly teach blue light at 480 nm. Ven teaches that “A pigment in human eyes called melanopsin acts as a receptor that can signal the production or suppression of melatonin, the hormone that regulates sleep and wakefulness. Melanopsin is triggered by specific wavelengths of light and is most sensitive to wavelengths at and around 480 nm” (see paragraph 320). Additionally, paragraphs 321-324 discuss other benefits of blue light. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to utilize 480 nm blue light within an array of light emitters, as taught by Ven, and to choose this specific wavelength amongst the range of possible blue light wavelengths, noting that Forhan states in paragraph 31 that blue light would be included, because utilizing this wavelength in the system of Forhan would improve that system’s overall utility by increasing the different afflictions it can treat (see paragraphs 320-324 for the benefits of blue light).
Regarding claim 5, it is noted that in the examples in paragraph 31 of Forhan, the first cited general wavelength range of infrared is stated as “780-830 nm (e.g., 800-820 nm)”. Additionally, in the example of having four peak wavelengths, Forhan explicitly teaches “at peak wavelengths in each of four spectrums that include a red light spectrum at 650-670 nm (e.g., 660 nm), a first infrared light spectrum at 800-820 nm (e.g., 810 nm)” (emphasis added). Finally, it is noted that Ven explicitly teaches “Representative examples of specific characteristics that can be employed in the methods and devices described herein include: using red LEDs (630 nm, 660 nm), NIR LEDs (810 nm, 830 nm, 870 nm)” (see paragraph 215, emphasis added).
Regarding claim 6, it is noted that in the examples in paragraph 31 of Forhan, the first cited general wavelength range of infrared is stated as 780-830 nm. Additionally, it is noted that Ven explicitly teaches “Representative examples of specific characteristics that can be employed in the methods and devices described herein include: using red LEDs (630 nm, 660 nm), NIR LEDs (810 nm, 830 nm, 870 nm)” (see paragraph 215, emphasis added).
Regarding claim 7, it is noted that in the examples in paragraph 31 of Forhan, the second cited general wavelength range of infrared is stated as “in the infrared light spectrum of … 825-875 nm (e.g., 840-860 nm, such as approximately 850 nm)” (emphasis added). Additionally, it is noted that Ven teaches that “The wavelength at 850 nm is both anti-inflammatory, by decreasing inflammatory cytokines, and releases NO” (see paragraph 283 of Ven).
Regarding claim 8, it is noted that in the examples in paragraph 31 of Forhan, the third cited general wavelength range of infrared is stated as “in the infrared light spectrum of 780-830 nm (e.g., 800-820 nm, such as approximately 805 nm), 825-875 nm (e.g., 840-860 nm, such as approximately 850 nm), and/or 1030-1080 nm (e.g., 1040-1060 nm…).
Regarding claims 9-10, Forhan teaches in paragraph 12 that “The light sources may be light-emitting diodes that each have only one of the peak wavelengths.”
Regarding claim 11, Forhan teaches that “In some implementations, the therapy output device 120 may include the user control device 140 coupled thereto or otherwise incorporated therein” (see paragraph 29). User control device 140 includes display screen 142, and “The display screen 142 is configured to display a graphical user interface to the user. The one or more user inputs 144 may be virtual buttons displayed by the display screen 142 (e.g., incorporating the user inputs 144, such as being a capacitive touch screen)” (see paragraph 51).
Regarding claim 12, Forhan teaches a memory (see 226b in Figure 2; paragraph 43), a power source (see 128 in Figure 1 and Figure 2, paragraph 32), a communication unit (see interface 226d in Figure 2, paragraph 43), and a processor in communication with each of these other components (see Figure 2 and paragraph 43).
Regarding claim 13, it is re-iterated from the rejection of claim 11 that the user control device 140 may be integrated with the therapy output device 120, and includes a GUI via the display. Additionally, Forhan teaches in paragraph 51 that “The controller 146 is configured to receive signals thereto (e.g., from the user inputs 144, such as the touch screen). Paragraph 37, among other paragraphs, states that “controller may be configured to operate the light sources”, and “he user control device 140 may be configured to send therapy programs to the therapy output device 120, receive user inputs to select one or more therapy programs from among several therapy programs having different parameters, receive user inputs to start a therapy program” (see paragraph 53, which teaches that the user may control the device via the user control device to selectively activate various different sources according to specific regimens).
Conclusion
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/JAMES KISH/ Primary Examiner, Art Unit 3792