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 § 112
Claims 19,22 are 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.
In claim 19, ‘the phrase ‘light guide for transcranial light’ is indefinite in that a word appears to be missing after the second occurrence of ‘light’. Claim 22 is rejected due to its dependence on claim 19.
Claim Rejections - 35 USC § 102
Claim(s) 1,2,3,11,13,16,19,29,33,34,36 is/are rejected under 35 U.S.C. 102(a)(1),102(a)(2) as being anticipated by Rabin et al (2010/0106077).
1. (Currently amended) A light guide device for transcranial assembly, comprising:
a first bridging portion, which at least partially extends in a circumferential direction; (see figure 4 and ¶55 which teaches a substrate 24. Figure 4 shows a phototherapy light cap, ¶23, which is curved, as shown in figure 1B, and thus is circumferential.)
at least one first hair-entering member (see figure 4, (30 and 25 combined), comprise the hair entering member) each first hair-entering member is provided to the first bridging portion, such that a lengthwise direction of each first hair-entering member intersects an extension direction of the first bridging portion, (as shown in figure 4, each member 30 is connected to bridging portion, substrate 24)
and spaces are provided on both sides of each first hair-entering member in the extension
direction of the first bridging portion, (see at least figure 4)
each first hair-entering member includes a hair-entering portion ((30) in figure 4) and a maintaining portion for transmitting transcranial light ((25) in figure 4)
2. (Currently amended) The light guide assembly of claim 1,
, wherein the hair-entering portion is configured
to interpose between the hairs of the user, and the maintaining portion is light transmittable. (see at least figure, 4,7 and ¶57)
3. (Currently amended) The light guide assembly of claim 1,
wherein the hair-entering portion and the maintaining portion are
distributed on two opposite sides of the first bridging portion. (as seen in figure 4, the hair entering portion 30 is on one side of the bridging portion 24, and the maintaining portion 25 is on the other)
11. (Currently amended) The light guide of claim 1,
, wherein the first hair-entering members are plural, and the first bridging
portion is configured to bridge the first hair-entering members. (figure 4 teaches plural hair entering members 30, and bridging portion 24 bridges the members)
13. (Currently amended) The light guide of claim 1,
, wherein the first bridging portion is made of elastic material, or the
circumferential extending shape of the first bridging portion provides the elasticity. (see at least ¶41,58 which teaches flexibility, and thus elasticity)
16. (Currently amended) The light guide device of claim 1,
, wherein at least one of the first bridging portion and the hair entering
portion is made of a material which can transmit the transcranial light. (the hair entering portion 30 is a fiber optic, and thus can transmit light)
19. (Currently amended) A light guide device for transcranial light
, comprising at least two light guide devices of claim 1. (see at least figure 2a which shows multiple light guide devices 23F,23A, for example. See comments supra re how Rabin anticipates the device of claim 1.)
29. (Currently amended) A transcranial light regulation apparatus, comprising a carrying
member (see at least figures 1a,1b which show a hat which is considered to be the carrying member) and optical assembly (see at least figure 1a which shows processor 20 and batteries 17 which are considered the optical assembly, and carried by the carrying member) provided on the carrying member for transmitting transcranial light, further comprising the light guide device for transcranial light of claim 1. (See comments supra re how Rabin anticipates the device of claim 1.)
33. (Currently amended) The transcranial light regulation apparatus of
Claim 29, wherein the transcranial light regulation apparatus is used
for treating at least one of a neurodegenerative disease, a psychiatric disorder, and a traumatic
disorder. (such treatment is considered to be intended use, not a structural limitation)
34. (New) The light guide device of claim 1, wherein at least a part of the maintaining
portion and the hair-entering portion are distributed on the same side of the first bridging
portion. (see at least figure 4)
36. (New) The transcranial light regulation apparatus of claim 29, wherein the transcranial
light regulation apparatus is used for treating Alzheimer's disease. (such treatment is considered to be intended use, not a structural limitation)
Claim Rejections - 35 USC § 103
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabin et al (2010/0106077).
35. (New) The light guide device of claim 1, wherein the first hair-entering member is
connected to the first bridging portion in a detachable manner. (Rabin is silent as to detachability. it is considered to have been obvious to make the member detachable since it would facilitate removing the member if it malfunctioned, in a predictable manner)
Allowable Subject Matter
Claims 4,6,8,10,15,17,18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 4 has been indicated allowable since Rabin does not teach a predetermined height of the bottom of the bridging portion is configured to gather hair, as described in at least ¶41-43 of applicant’s published application. Claims 6,8, which depend from claim 4, add only further description of the limitation of claim 4. Claim 10 has been indicated allowable since Rabin does not teach that the length of the illumination portion, as set forth in applicant’s published application at ¶49. Claim 15 has been indicated allowable since Rabin does not teach a fixing member for tightening to the head and gathering up hairs as taught in ¶57 of applicant’s published application. Claim 17 has been indicated allowable since Rabin does not teach the claimed circumferential portion, as described in at least ¶28,50,69 of applicant’s published application. Claim 18, depends from claim 17, and is allowable thereby, and also since Rabin does not teach that the predetermined distance, as set forth in the claim, is set in accordance with the hair length of a user.
Claim 22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claim 22 has been indicated allowable over Rabin since Rabin does not teach the detachability feature as set forth in the claims, and as described in ¶61,62,63,65 of applicant’s published application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott M. Getzow whose telephone number is (571)272-4946. The examiner can normally be reached M-F 9-5.
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/Scott M. Getzow/Primary Examiner, Art Unit 3792
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