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 .
Response to Amendment
This Office Action is responsive to the amendment filed 26 February 2024. As per the amendment: claims 1-10 have been amended, claims 11-16 have been newly added, and no claims have been cancelled. Thus claims 1-16 are presently pending and under examination.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 26 February 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 objected to because of the following informalities:
Line 6 reads “the head the head”, should read “
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Such claim limitation(s) is/are:
“means of monitoring” in claim 10.
“one laser beam inhibition means” in claim 10
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
For the limitation “means of monitoring” in claim 10, there is a lack of disclosure of the corresponding structure in the specification. Therefore, the examiner is interpreting the means of monitoring to be any element/structure that can controlling at least one laser beam inhibitor device.
For limitation “one laser beam inhibition means” in claim 10, there is a lack of disclosure of the corresponding structure in the specification. Therefore, the examiner is interpreting the laser beam inhibition means to be any element/or structure that stops/inhibits a laser beam.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 4, 8, and 10 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, it is unclear what is meant by “the head is made up of a single part”. It is unclear whether “a single part” refers to a single unitary piece of material, or whether a “single part” is referring to a single distinct portion that may contain different components (e.g., an alternator for a car comprises several different components, but is still fairly referred to as a “car part”). For examination purposes, examiner is interpreting “a single part” to be a single distinct portion that may contain different components.
Claim 4 recites the limitation "the exterior surface " in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "said at least one button” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. It is unclear if Applicant is referring to the “at least one laser firing button” recited in line 2 of claim 8, applicant is requested to amend the claim for clarification. For examination purposes, Examiner interprets the “said at least one button” to be the same as the “at least one laser firing button”.
The claim “means of monitoring” in claim 10 is indefinite under 35 U.S.C. 112(b) because the specification fails to adequately disclose the structure to perform the claimed function of “controlling at least one laser beam inhibition means as soon as the temperature measured by the pyrometer exceeds a threshold value”. The specification merely describes this function ([0019]) but provides no detail about the specific structure for performing this function. See MPEP 2181 (III), For examination purposes, the examiner will interpret the means of monitoring to be any element that is capable of controlling at least one laser beam inhibitor or programming for an inhibition of laser beam.
The claim “one laser beam inhibition means” in claim 10 is indefinite under 35 U.S.C. 112(b) because the specification fails to adequately disclose the structure to perform the claimed function of “controlling at least one laser beam inhibition means as soon as the temperature measured by the pyrometer exceeds a threshold value”. The specification merely describes this function ([0019]) but provides no detail about the specific structure for performing this function. See MPEP 2181 (III), For examination purposes, the examiner will interpret one laser beam inhibition to be any element/or structure that stops/inhibits a laser beam.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dewey et al. (US 2012/0197357 A1), hereinafter Dewey.
Regarding claim 1, Dewey discloses a protective casing (outer casing or outer housing 12) for a dermatological treatment device (a handheld apparatus 10, [0029] “Generally, embodiments of the invention are directed to a handheld device for use by a non-physician consumer for fractionally resurfacing skin of the consumer during a skin resurfacing dermatological treatment.”) comprising a laser (Figure 2: laser 16, [0042] “The laser 16 may be an assembly that includes a laser diode 64”), said casing having an elongated shape that envelopes the device (view Figures 1 and 5,[0032])-, forming at one end a head (Figure 1: tip 26, [0024] “The outer housing 12 further includes a bezel or snout member 24 and a removable tip 26 which are each located at the tip portion 22.”) comprising an opening (light outlet 18) capable of allowing a beam fired by the laser to pass and comprising an area of contact with the skin ([0048] “parallel pulses of light energy propagate through the exit window 62 and the light outlet 18 toward the skin surface SS and form a fractional pattern at the skin surface SS to perform a skin resurfacing dermatological treatment.”, view Figure 2), said casing comprising several parts assembled together ([0034] “the outer housing 12 includes a handle portion 20 and a tip portion 22 extending above the handle portion 20…The outer housing 12 further includes a bezel or snout member 24 and a removable tip 26 which are each located at the tip portion 22.”), wherein the head (tip 26) is made up of a single part ([0036], view Figure 1).
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dewey as applied to claim 1 above, in view of Minamoto et al. (US 2006/0195166 A1), hereinafter Minamoto.
Regarding claim 2, Dewey discloses the casing according to claim 1 (as shown above), further comprises an air inlet grille (inlet vent grills 28) and an air outlet grille (outlet vent grill 34).
Although, Dewey discloses that “the inlet vent grills 28 may be formed on the outer housing 12” and that “the handle portion 20 of the outer housing 12 includes at least one outlet vent grill 34” ([0035]), Dewey fails to explicitly teach that the air inlet grille and the air outlet grille are part of and made from the same material as the casing itself.
However, Minamoto teaches a skin irradiation device for treating the skin according to dermatological procedure ([0002]) wherein an air inlet grille (air inlet ports 34b) and an air outlet grille (air outlet ports 34a) which are part of and made from the same material as the casing itself ([0047] “casing 20 has air outlet ports 34a defined in an upper wall thereof remote from filter unit 17 in alignment with the cooling fans, respectively, and slit-like air inlet ports 34b defined in the side walls of casing 20.”, emphasis added) Since, Minamoto teaches that the air outlet/inlet ports are “defined in” the casing itself as observed from Figure 2 and Figure 5 it would be obvious to one skilled in the art to determine that these air inlet/outlet are part of and made from the same material as the casing itself.
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey’s air inlet/outlet grille to incorporate the teachings of Minamoto to have the air inlet and air outlet grille to be part of and made from the same material as the casing itself, as these prior art references and the instant application are directed to skin therapy devices. One would be motivated to do this to reduce cost of extra materials.
Regarding claim 3, Dewey in view of Minamoto teaches the casing according to claim 2 (as shown above), wherein the air inlet grille is positioned near the end in the part forming the head (view Figures 1 and 5, the inlet vent grills 28 are located near the tip 26) and the air outlet grille is positioned near the other end of the casing opposite the head (view Figure 1 and 6, the outlet vent grill 34 is located opposite to the inlet grills 28).
Claim(s) 4 and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dewey as applied to claim 1 above, in view of Gosse et al. (US 2009/0143773 A1), hereinafter Gosse.
Regarding claim 4, Dewey discloses the casing according to claim 1 (as shown above). Dewey fails to disclose wherein the casing further comprises a measurement window for a pyrometer, said window being set back from the exterior surface of the casing, recessed into the casing itself and/or surrounded by a protruding ring.
However, Gosse teaches a device that assists in skin wound healing using a laser beam wherein the casing further comprises a measurement window (a transparent optical window 713) for a pyrometer (pyrometer 712), said window being set back from the exterior surface of the casing, recessed into the casing itself (view Figure 10: the dermatological treatment device 70 is encompassed by a sleeve 80, [0126] “a removable sterile sleeve (80) designed to contain the device and isolate it from the external environment. This sleeve can be understood as a sterile casing in which the device is placed in order to ensure that the area in which the device is used remains sterile. Advantageously, removable sleeve (80) is designed not to interfere with the laser beam. For this purpose the device shall have a window that is transparent to the predefined wavelengths, in order to allow a beam whose wavelength is within the range of preset wavelengths to pass through. Removable sleeve (80) is further designed not to interfere with pyrometer (712) or RFID reader (711) operation.”, [0129]).
It would have been prima facie obvious for one skilled in the art before the effective filing date of the claimed invention to have modified Dewey to incorporate the teachings of Gosse to have the casing further comprise a measurement window for a pyrometer, said window being set back from the exterior surface of the casing, recessed into the casing itself and/or surrounded by a protruding ring, as these prior art references and the instant application are directed to skin phototherapy devices. One would be motivated to do this as the pyrometer and measurement window can be protected from the external environment and be sterile without interfering with the devices functions, as recognized by Gosse ([0126]-[0127]).
Regarding claim 10, Dewey discloses a dermatological treatment device (a handheld apparatus 10, [0029] “Generally, embodiments of the invention are directed to a handheld device for use by a non-physician consumer for fractionally resurfacing skin of the consumer during a skin resurfacing dermatological treatment.”) comprising a laser head (tip 26, light outlet 18) capable of firing a laser beam towards a target area of a patient comprising dermal tissues in order to accelerate healing ([0048] “parallel pulses of light energy propagate through the exit window 62 and the light outlet 18 toward the skin surface SS and form a fractional pattern at the skin surface SS to perform a skin resurfacing dermatological treatment.”, view Figure 2, [0029]), at least one fan (fan 56) capable of dissipating the heat released by the laser head ([0018] “the handheld apparatus also includes a fan which causes outside air to be blown through the housing so as to transfer heat away from the laser and keep its temperature within a predefined operating range”), wherein the dermatological treatment device further comprises the casing of claim 1 (as shown above).
Dewey fails to explicitly disclose at least one pyrometer near the laser head and capable of measuring the temperature of said target area, at least one means of monitoring capable of controlling at least one laser beam inhibition means as soon as said temperature exceeds a threshold value.
However, Gosse discloses at least one pyrometer (pyrometer 712) near the laser head (view Figure 9 and 10: removeable sleeve 80 comprises the lower rigid part 87), and capable of measuring the temperature of said target area ([0112] “Pyrometer (712) is in fact a safety component that monitors skin surface temperature.”), at least one means of monitoring capable of controlling at least one laser beam inhibition means as soon as said temperature exceeds a threshold value ([0112] “It operates to "lock down" or deactivate laser firing if the temperature reaches a preset threshold value. Pyrometer (712) can also be used in a more advanced way within a closed control loop in order to readjust the laser settings.”, [0137] “Responsibility for managing the laser firing is shared by both microcontrollers (111 and 112). The laser may be stopped due to excessive temperature (15) (managed by microcontroller 111) or an emergency stop request (microcontroller 111).”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey to incorporate the teachings of Gosse to have at least one pyrometer near the laser head, and capable of measuring the temperature of said target area, at least one means of monitoring capable of controlling at least one laser beam inhibition means as soon as said temperature exceeds a threshold value, as these prior art references are directed to skin phototherapy devices. One would be motivated to do this to prevent burning or damage to the skin, as recognized by Gosse ([0112]).
Regarding claim 11, Dewey discloses the casing according to claim 3 (as shown above). Dewey fails to disclose wherein the casing further comprises a measurement window for a pyrometer, said window being set back from the exterior surface of the casing , recessed into the casing itself and/or surrounded by a protruding ring.
However, Goose teaches a device that assists in skin wound healing using a laser beam wherein the casing further comprises a measurement window (a transparent optical window 713) for a pyrometer (pyrometer 712), said window being set back from the exterior surface of the casing, recessed into the casing itself (view Figure 10: the dermatological treatment device 70 is encompassed by a sleeve 80, [0126] “a removable sterile sleeve (80) designed to contain the device and isolate it from the external environment. This sleeve can be understood as a sterile casing in which the device is placed in order to ensure that the area in which the device is used remains sterile. Advantageously, removable sleeve (80) is designed not to interfere with the laser beam. For this purpose the device shall have a window that is transparent to the predefined wavelengths, in order to allow a beam whose wavelength is within the range of preset wavelengths to pass through. Removable sleeve (80) is further designed not to interfere with pyrometer (712) or RFID reader (711) operation.”, [0129]).
It would have been prima facie obvious for one skilled in the art before the effective filing date of the claimed invention to have modified Dewey to incorporate the teachings of Goose to have the casing further comprise a measurement window for a pyrometer, said window being set back from the exterior surface of the casing, recessed into the casing itself and/or surrounded by a protruding ring, as these prior art references and the instant application are directed to skin phototherapy devices. One would be motivated to do this as the pyrometer and measurement window can be protected from the external environment and be sterile without interfering with the devices functions, as recognized by Goose ([0126]-[0127]).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dewey as applied to claim 1 above, in view of Adam et al. (US 2007/0217199 A1), hereinafter Adam.
Regarding claim 5, Dewey discloses the casing according to claim 1 (as shown above). Dewey further teaches the casing have at least one device status indicator externally visible ( [0091] an LED indicator ring 38a that indicates if the device is powered on, [0091] a battery indicator light 44 that indicates the amount of charge remaining, [0039] operational mode indicator lights 42 which identify which operational mode is active) but fails to explicitly teach the casing further comprising a light guide made of a small piece of translucent material and partially encircling the casing.
However, Adam teaches skin treatment devices that use light/radiation to provide a dermatological treatment to the skin of a user ([0002]) further comprising a light guide (treatment guides 174,176) made of a small piece of translucent material ([0066] “the outer shell 124 of the upper housing 114 may include one or more treatment guides 174, 176 formed along the interior surface of the outer shell 124.”, [0041] “the outer shells 124, 126 being made from a transparent or translucent plastic material. “) and partially encircling the casing (Figure 8: the treatment guides are spaced around the circumference of the case and therefore partially encircle the casing) in order to have at least one device status indicator externally visible ([0066] “When illuminated, the treatment guides 174, 176 are illuminated in the same color that is being output by the treatment light sources 156 currently being illuminated/activated to thereby provide a colored visual indication to a user of the particular light treatment presenting being emitted by the dermal device 100. The treatment guides 174, 176 also provide a visual aid to a user for properly aiming or positioning the optical end 102 of the dermal apparatus 100 on the area of the skin to be treated based on the position of the treatment guides 174, 176 to the treated skin area.”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey to incorporate the teachings of Adam to have the casing further comprise a light guide made of small piece of translucent material and partially encircling the casing in order to have at least one device status indicator externally visible, as these prior art references and the instant application are directed to skin therapy device. One would be motivated to do this to be able to indicate to the user information about the light treatment and as a visual aid for the user, as recognized by Adam ([0066]).
Regarding claim 6, Dewey in view of Adam teaches the casing according to claim 5 (as shown above). Dewey fails to disclose where the light guide is positioned between the part forming the head and the rest of the casing.
However, Adam teaches where the light guide is positioned between the part forming the head and the rest of the casing (view Figure 4 and 8, [0066] “the outer shell 124 has two treatment guides 174, 176 that extend from the angled tip 102 (starting approximately at the rounded peripheral edges around the angled tip 102 and extending downwards parallel to the longitudinal axis of the dermal apparatus 100 and/or optical tube 162.”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey to incorporate the teachings of Adam to have the light guide positioned between the part forming the head and the rest of the casing, as these prior art references are directed to skin phototherapy devices. One would be motivated to do this to provide a visual output to the user about the operation of the device and the position of the head, as recognized by Adam ([0066]).
Additionally, Examiner would like to note that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the light guide positioned between the part forming the head and the rest of the casing, to allow for easier viewing by the user, and since it has been held that the rearrangement of parts was a matter of choice one of ordinary skill in the art would have found obvious and does not change the functionality of the device. See MPEP 2144.04 V1. C. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Additionally, the present disclosure has no criticality for having the light guide positioned between the part forming the head and the rest of the casing.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dewey as applied to claim 1 above, in view of Bean et al. (US 2019/0046811 A1), hereinafter Bean.
Regarding claim 7, Dewey discloses the casing according to claim 1 (as shown above). Dewey fails to disclose the casing further comprising an access panel to programming port(s).
However, Bean teaches a portable, miniature laser device that can be used for specific applications such as reducing warts, skin rashes, skin cancers, and wound healing (Abstract) wherein the casing comprising an access panel (port cover 7) to programming port(s) ([0091] “Using the port behind port cover 7, the user can plug in a USB cord or similar to make an electrical and/or programming connection to laser system 1. This connection allows the user to charge the laser system batteries and program the device as needed.”)
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey to incorporate the teachings of Bean to have an access panel to programming port, as these prior art references are directed to laser therapy device for the skin. One would be motivated to do this to cover the port and protect it from water and particle egress, as recognized by Bean ([0069]).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dewey as applied to claim 1 above, in view of Eltorai et al. (US 2020/0030627 A1), hereinafter Eltorai.
Regarding claim 8, Dewey discloses the casing according to claim 1 (as shown above). Dewey further discloses the casing further comprising at least one laser firing button (power button 38, operational mode selection button 40,[0038] “The power button 38 is configured to control the power supply of the handheld apparatus as well as communicate selected operational modes to the consumer, as explained in further detail below. The operational mode selection button 40 is configured to toggle the handheld apparatus 10 between one or more operational modes. In a preferred embodiment, three operational modes are provided: high intensity treatment, medium intensity treatment, and low intensity treatment”). Dewey fails to explicitly disclose wherein said at least one button forms a protuberance relative to the surface of the casing .
However, Eltorai teaches a phototherapy device used for acne and acne scar treatment ([0001]) wherein the device further comprises at least one laser firing button, wherein said at least one button forms a protuberance relative to the surface of the casing ([0035] “The upper most surface 234 can have a protruding button 222 or can be flexible so that a user can interface with a button disposed therein. The button 222 can be used to operate the light emitter 212”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey to incorporate the teachings of Eltorai to have at least one button form a protuberance relative to the surface of the casing, as these prior art references are directed to skin phototherapy devices. One would be motivated to do this so that a user may easily access and interact with a control button.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dewey in view of Eltorai as applied to claim 8 above, and further in view of Elevare Skin. “INTRODUCING the ELEVARE PLUS+ X JEAN WATTS.” YouTube, 27 Mar. 2018, www.youtube.com/watch?v=aWsiqyR3l8k., hereinafter ElevareSkin.
Regarding claim 9, Dewey in view of Eltorai discloses the casing according to claim 8 (as shown above). Dewey and Eltorai, alone or in combination, fail to teach wherein at least one button of the casing has a textured surface.
However, ElevareSkin teaches a skin rejuvenation system using light therapy wherein at least one button of the casing has a textured surface (Time Stamp: 0:19 and 0:28, view Figure 1 below, shows the button with an engraved power button which has a different texture due to the indentations).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey and Eltorai to incorporate the teachings of ElevareSkin to have at least one button of the casing have a textured surface, as these prior art references are directed to skin phototherapy devices. One would be motivated to do this so that a user is able to easily locate and identify the button.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dewey in view of Gosse as applied to claim 11 above, and further in view of Adam.
Regarding claim 12, Dewey in view of Gosse teaches the casing according to claim 11 (as shown above). Dewey further teaches the casing have at least one device status indicator externally visible ( [0091] an LED indicator ring 38a that indicates if the device is powered on, [0091] a battery indicator light 44 that indicates the amount of charge remaining, [0039] operational mode indicator lights 42 which identify which operational mode is active).
Dewey and Gosse, alone or in combination, fail to teach the casing further comprising a light guide made of a small piece of translucent material and partially encircling the casing in order to have at least one device status indicator externally visible.
However, Adam teaches skin treatment devices that use light/radiation to provide a dermatological treatment to the skin of a user ([0002]) further comprising a light guide (treatment guides 174,176) made of a small piece of translucent material ([0066] “the outer shell 124 of the upper housing 114 may include one or more treatment guides 174, 176 formed along the interior surface of the outer shell 124.”, [0041] “the outer shells 124, 126 being made from a transparent or translucent plastic material. “) and partially encircling the casing (Figure 8: the treatment guides are spaced around the circumference of the case and therefore partially encircle the casing) in order to have at least one device status indicator externally visible ([0066] “When illuminated, the treatment guides 174, 176 are illuminated in the same color that is being output by the treatment light sources 156 currently being illuminated/activated to thereby provide a colored visual indication to a user of the particular light treatment presenting being emitted by the dermal device 100. The treatment guides 174, 176 also provide a visual aid to a user for properly aiming or positioning the optical end 102 of the dermal apparatus 100 on the area of the skin to be treated based on the position of the treatment guides 174, 176 to the treated skin area.”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey and Gosse to incorporate the teachings of Adam to have the casing further comprise a light guide made of small piece of translucent material and partially encircling the casing in order to have at least one device status indicator externally visible, as these prior art references and the instant application are directed to skin therapy device. One would be motivated to do this to be able to indicate to the user information about the light treatment and as a visual aid for the user, as recognized by Adam ([0066]).
Regarding claim 13, Dewey in view of Adam teaches the casing according to claim 12 (as shown above). Dewey and Gosse, alone or in combination, fail to teach where the light guide is positioned between the part forming the head and the rest of the casing.
However, Adam teaches where the light guide is positioned between the part forming the head and the rest of the casing (view Figure 4 and 8, [0066] “the outer shell 124 has two treatment guides 174, 176 that extend from the angled tip 102 (starting approximately at the rounded peripheral edges around the angled tip 102 and extending downwards parallel to the longitudinal axis of the dermal apparatus 100 and/or optical tube 162.”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey and Gosse to incorporate the teachings of Adam to have the light guide positioned between the part forming the head and the rest of the casing, as these prior art references are directed to skin phototherapy devices. One would be motivated to do this to provide a visual output to the user about the operation of the device and the position of the head, as recognized by Adam ([0066]).
Additionally, Examiner would like to note that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the light guide positioned between the part forming the head and the rest of the casing, to allow for easier viewing by the user, and since it has been held that the rearrangement of parts was a matter of choice one of ordinary skill in the art would have found obvious and does not change the functionality of the device. See MPEP 2144.04 V1. C. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Additionally, the present disclosure has no criticality for having the light guide positioned between the part forming the head and the rest of the casing.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dewey in view of Gosse in view of Adam as applied to claim 13 above, and further in view of Bean.
Regarding claim 14, Dewey in view of Gosse in view of Adam discloses the casing according to claim 13 (as shown above). Dewey, Gosse, and Adam, alone or in combination, fail to teach the casing further comprising an access panel to programming port(s).
However, Bean teaches a portable, miniature laser device that can be used for specific applications such as reducing warts, skin rashes, skin cancers, and wound healing (Abstract) wherein the casing comprising an access panel (port cover 7) to programming port(s) ([0091] “Using the port behind port cover 7, the user can plug in a USB cord or similar to make an electrical and/or programming connection to laser system 1. This connection allows the user to charge the laser system batteries and program the device as needed.”)
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey, Gosse, and Adam to incorporate the teachings of Bean to have an access panel to programming port, as these prior art references are directed to laser therapy device for the skin. One would be motivated to do this to cover the port and protect it from water and particle egress, as recognized by Bean ([0069]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dewey in view of Gosse in view of Adam in view of Bean as applied to claim 14 above, and further in view of Eltorai.
Regarding claim 15, Dewey/Gosse/Adam/Bean teach the casing according to claim 1 (as shown above). Dewey further discloses the casing further comprising at least one laser firing button (power button 38, operational mode selection button 40,[0038] “The power button 38 is configured to control the power supply of the handheld apparatus as well as communicate selected operational modes to the consumer, as explained in further detail below. The operational mode selection button 40 is configured to toggle the handheld apparatus 10 between one or more operational modes. In a preferred embodiment, three operational modes are provided: high intensity treatment, medium intensity treatment, and low intensity treatment”). Dewey, Gosse, Adam, and Bean, alone or in combination, fail to explicitly teach wherein said at least one button forms a protuberance relative to the surface of the casing .
However, Eltorai teaches a phototherapy device used for acne and acne scar treatment ([0001]) wherein the device further comprises at least one laser firing button, wherein said at least one button forms a protuberance relative to the surface of the casing ([0035] “The upper most surface 234 can have a protruding button 222 or can be flexible so that a user can interface with a button disposed therein. The button 222 can be used to operate the light emitter 212”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey/Gosse/Adam/Bean to incorporate the teachings of Eltorai to have at least one button form a protuberance relative to the surface of the casing, as these prior art references are directed to skin phototherapy devices. One would be motivated to do this so that a user may easily access and interact with a control button.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dewey in view of Gosse in view of Adam in view of Bean in view of Eltorai as applied to claim 14 above, and further in view of ElevareSkin.
Regarding claim 16, Dewey/Gosse/Adam/Bean/Eltorai teach the casing according to claim 15 (as shown above). Dewey, Gosse, Adam, Bean, and Eltorai, alone or in combination, fail to teach wherein at least one button of the casing has a textured surface.
However, ElevareSkin teaches a skin rejuvenation system using light therapy wherein at least one button of the casing has a textured surface (Time Stamp: 0:19 and 0:28, view Figure 1 below, shows the button with an engraved power button which has a different texture due to the indentations).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dewey/Gosse/Adam/Bean/Eltorai to incorporate the teachings of ElevareSkin to have at least one button of the casing have a textured surface, as these prior art references are directed to skin phototherapy devices. One would be motivated to do this so that a user is able to easily locate and identify the button.
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Figure 1 Snippet from ElevareSkin at Time Stamp - 0:28, arrow points to the indentation/texture
Conclusion
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/ATTIYA SAYYADA HUSSAINI/Examiner, Art Unit 3792
/MICHAEL W KAHELIN/Primary Examiner, Art Unit 3792