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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-5, 7,9-10, and 12-14 in the reply filed on March 24, 2026 is acknowledged.
Claims 15-17, 19-20, 23, 25-28, and 30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/24/2026.
Priority
Claims 1-5, 7, 9-10, and 12-14 are deemed to have an effective filing date of October 21, 2021.
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.
Claims 1-3, 5, 7, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2014/0088487 to Harris et al. (hereinafter referred to as “Harris”).
Regarding claim 1, Harris discloses a system for controlling a photoactivatable pharmaceutical agent in a subject (e.g., abstract: methods and devices for activating brown adipose tissue with light including activating a light activatable medium administered to a patient; and paragraph [0064]: light activatable medium can include a pharmaceutical or drug), the system comprising: a photomodulator operable to emit a first wavelength of light and a second wavelength of light, the first wavelength of light configured to activate the photoactivatable pharmaceutical agent, and the second wavelength of light configured to deactivate the photoactivatable pharmaceutical agent (e.g., paragraph [0064]: chemical/pharmaceutical/drug is activated by being exposed to a first light having a first wavelength and is deactivated by being exposed to a second light having a second, different wavelength implies a photomodulator having a first wavelength of light and a second wavelength of light to activate/deactivate a pharmaceutical); and a controller operably coupled to the photomodulator (e.g., paragraph [0061]: light source/photomodulator can be coupled to a controller to control various aspects of the light source); wherein the controller is operable to cause the photomodulator to (1) emit the first wavelength of light and thereby activate the photoactivatable pharmaceutical agent, and (2) emit the second wavelength of light and thereby deactivate the photoactivatable pharmaceutical agent (e.g., paragraph [0064]).
With respect to claim 2, Harris discloses the system of claim 1, wherein the photomodulator comprises a first emitter configured to emit the first wavelength of light and a second emitter configured to emit the second wavelength of light (e.g., paragraph [0018]: light sources can be light emitting diodes; [0062]: light source can be laser emitters).
As to claim 3, Harris discloses the system of claim 1, wherein the photomodulator comprises a plurality of first emitters configured to emit the first wavelength of light and a plurality of second emitters configured to emit the second wavelength of light (e.g., paragraph [0062]: a housing can include a plurality of light sources to be transcutaneously or subcutaneously applied to a patient).
With respect to claim 5, Harris discloses the system of claim 1, further comprising a wearable device configured to be secured to a skin of the subject, the wearable device including the photomodulator (e.g., paragraph [0071]: a light energy stimulation patch can be applied to an external skin surface to deliver light energy from a plurality of LEDs).
As to claim 7, Harris discloses the system of claim 1, further comprising an implantable device configured to be disposed within a body of the subject, the implantable device including the photomodulator (e.g., paragraph [0013]: the device for activating brown adipose tissue with light can be positioned with tissue of the patient by subcutaneously positioning or implanting the device entirely within the patient).
As to claim 14, Harris discloses the system of claim 1, wherein the controller is operable to cause the photomodulator to simultaneously emit the first wavelength of light and the second wavelength of light (e.g., paragraph [0010]: the first light energy activates the chemical and the second light energy causes the chemical to be inert; and [0025]: first and second light energies can be simultaneously delivered to the patient – thus the controller is operable to cause simultaneous delivery of the first and second energies).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Harris in view of US Patent N. 7,559,945 to Breden et al. (hereinafter referred to as “Breden”).
Harris discloses the system of claim 3, where a light energy stimulation patch can be applied to an external skin surface to deliver light energy from a plurality of LEDs (e.g., paragraph [0071]), but does not expressly disclose that the plurality of second emitters is arranged to define at least a portion of a perimeter, and the plurality of first emitters is disposed within the portion of the perimeter. However, Breden, in a related art: multi-spectral photon therapy, teaches a photon therapy light patch having at least two sets of LEDs configured according to a predetermined pattern where one set of LEDs 604 is arranged to define at least a portion of a perimeter, and another set of LEDs 602is disposed within the portion of the parameter (e.g., column 7, lines 20-33; Fig. 6). Accordingly, one of ordinary skill in the art would have recognized the benefits of different wavelength LEDs in the claimed pattern in view of the teachings of Breden that such was a well-known pattern in the photomodulator art, and because the combination would have yielded a predictable result.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Harris in view of US Patent Application Publication No. 2014/0024702 to Deisseroth et al. (hereinafter referred to as “Deisseroth”).
With respect to claim 9, Harris discloses the system of claim 1, further comprising an implantable device including the photomodulator and configured to be disposed within a body of the subject (e.g., paragraph [0013]), the implantable device comprising: an activating probe configured to be disposed in a targeted mass of the subject, the activating probe comprising a first emitter capable of emitting the first wavelength of light (e.g., paragraph [0062]: at least one laser emitter can be implanted within the patient); but, does not expressly disclose a deactivating cuff capable of being secured to a blood vessel coupled to the targeted mass of the subject, the deactivating cuff comprising a second emitter capable of emitting the second wavelength of light. However, Deisseroth, in a related art: compositions and method for treating disorders via the use of light-responsive ospin proteins, teaches that an implantable light source can also be a light emitting diode cuff, which is capable of being secured to a blood vessel and to emit a second wavelength of light. Thus, one of ordinary skill in the art would have recognized that the first wavelength of light can be an implanted LED within tissue of the subject as taught by Harris and that the second wavelength of light can be a light emitting cuff as taught by Deisseroth. Consequently, one of ordinary skill in the art would have modified the system of Harris so that the first wavelength of light is emitted from a probe implanted within the subject and the second wavelength of light is emitted from a light emitting cuff as taught by Deisseroth that such was a well-known engineering expedient in the photoactivatable medical art, and because the combination would have yielded a predictable result.
Claims 10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Harris in view of US Patent Application Publication No. 2106/0030765 to Towne et al. (hereinafter referred to as “Towne”).
With respect to claim 10, Harris discloses the system of claim 1, but does not expressly disclose a microlens array coupled to the photomodulator. However, Towne, in a related art: system and method for optogenetic therapy, teaches that optical elements, such as a 3x3 microlens array that is matched to a 3/3 array of LED emitters (photomodulator), may be added to change beam width and divergence to improve the irradiance of the light reaching the target plane (e.g., paragraphs [0274]-[0275] of Towne). Accordingly, one of ordinary skill in the art would have recognized the benefits of coupling a microlens array to a photomodulator in view of the teachings of Towne. Consequently, one of ordinary skill in the art would have modified the system of Harris to have a microlens array coupled to its photomodulator in order to change beam width and divergence thereby improving the irradiance of the light reaching the target as taught by Towne, and because the combination would have yielded a predictable result.
As to claim 12, Harris in view of Towne teaches the system of claim 10, wherein the microlens array comprises an electrochromic coating (e.g., paragraphs [0079]- [0082] of Towne: Other suitable light sources for the invention include polymer LEDs that involve an electroluminescent conductive polymer that emits light when connected to an external voltage and are used as a thin film for full-spectrum color displays, as well as being quite efficient as a relatively small amount of power is used for the light produced). Accordingly, one of ordinary skill in the art would have recognized the benefits of the microlens array comprising an electrochromic coating in view of the teachings of Towne. Consequently, one of ordinary skill in the art would have modified the microlens of Harris in view of Towne to comprise an electrochromic coating to provide full-spectrum displays at less power as taught by Towne, and because the combination would have yielded a predictable result.
With respect to claim 13, Harris discloses the system of claim 1 where the transcutaneous device activating BAT can have a variety of shapes and configuration (e.g., paragraph [0069]), but does not expressly disclose a diffractive optical element coupled to the photomodulator. However, Towne, in a related art, teaches that optical elements may be added to deliver light onto a target by means of beam shaping, guiding, concentration, and homogenization that shapes and/or redistributes the optical power from the emitter/light source where a diffractive optical element is one of many such optical elements (e.g., paragraphs [0259]-[0260] of Towne). Accordingly, one of ordinary skill in the art would have recognized the benefits of a diffractive optical element coupled to the photomodulator (LED emitters) in view of the teachings of Towne. Consequently, one of ordinary skill in the art would have modified the system of Harris to further comprise a diffractive optical element coupled to the photomodulator in order to shape and/or redistribute the light from the emitter/light source as taught by Towne, and because the combination would have yielded a predictable result.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publication No. 2009/0281421 to Culp et al. is directed to a system and method for targeted activation of a pharmaceutical agent within the body cavity upon the application of photonic energy/light energy (e.g., paragraphs [0010] and [0048]-[0050]) where the light can be implanted to treat mass 198 (Fig. 15 and corresponding paragraphs) or a light blanket external to the patient (e.g., Fig. 10 and corresponding paragraphs).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE M VOORHEES whose telephone number is (571)270-3846. The examiner can normally be reached Monday-Friday 8:30 AM to 4:30 PM.
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, Unsu Jung can be reached at 571 272-8506. 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.
/CATHERINE M VOORHEES/Primary Examiner, Art Unit 3792
Prosecution Insights