DETAILED ACTION
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending.
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 1-7 and 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hetz (US 20200384287 A1, 2020-12-10).
Regarding claims 1-7 and 10-20, Hetz teaches a system for administering phototherapy comprising: a cooling system configured to selectively circulate a coolant (e.g., [0506]-[0507]; Fig. 66-69); a coherent light generator configured to produce a beam of coherent light (e.g., [0003]); and a probe device (e.g., 3201) including an optical box (e.g., 3205) at a distal end of a shaft (e.g., [0501]-[0506], Fig. 66), a fiber optic cable (e.g., 3209, Fig 66; [0501) extending through the shaft to the optical box and configured to transmit the beam of coherent light from the coherent light generator to the optical box, and a coolant flow path extending through the shaft to the optical box and at least partially enveloping the fiber optic cable (e.g., [0338], [0501], [0506]-[0507], [0519]) (as recited in claim 1); wherein the coolant flow path includes a coolant inlet flow path (e.g., 3221) configured to deposit the coolant into the optical box and a coolant outlet flow path (e.g., 3224)) extending through a proximal end of the optical box and at least partially enveloping the fiber optic cable (e.g., [0338], [0501], [0506]-[0507], [0519]) (as recited in claim 2); wherein the coolant outlet flow path comprises at least one vent port disposed adjacent to a diffusing lens arranged at or near the proximal end of the optical box, the coolant outlet flow path being configured to allow the coolant to directly cool the diffusing lens (the plurality of cooling apertures 3264 are configured to permit the coolant received within the optical box 3205 to enter into the lens retention cap 3250 to cool the diffusing lens 3225, the fiber end 3228 of the FOC 3209; [0528]) (as recited in claim 3); wherein the probe device further includes at least one of an internal temperature sensor or an external temperature sensor, and the cooling system is configured to selectively adjust at least one of a flow rate, a pressure, or a temperature of the coolant based on feedback from the at least one of the internal temperature sensor or the external temperature sensor (e.g., [0543]-[0544], [0572]-[0573]) (as recited in claim 4); wherein the probe device includes the external temperature sensor and the external temperature sensor is arranged adjacent to an emission lens of the probe device (e.g., [0546], [0572]-[0573]; Fig. 70A) (as recited in claim 5); wherein the coolant is a gas comprising one of CO2, nitrogen, or air (e.g., [0563]; Fig. 70A) (as recited in claim 6); wherein the coolant is a liquid and the coolant flow path extends through at least one of a sidewall of the optical box, a sidewall of a distal end of the probe device, or an emission lens of the probe device (e.g., [0236]; Fig. 70) (as recited in claim 7); wherein the probe device further comprises one or more thermoelectric cooling elements embedded within or affixed to one or more of an emission lens, the optical box, or the distal end of the probe device (optics cooler 3043 depicted in FIGS. 61 and 62 utilizes a thermoelectric element to cool the system while being attached to optical box 3005; FIGS. 61,62; paragraph [0461]) (as recited in claim 10); a system for administering phototherapy comprising: a cooling system configured to selectively circulate a coolant (e.g., [0506]-[0507]; Fig. 66-69); a coherent light generator configured to produce a beam of coherent light (e.g., [0003]); and a probe device including an optical box at a distal end of a shaft and a coolant flow path extending through the shaft to the optical box (e.g., 3205), the optical box being configured to transmit the beam of coherent light from the coherent light generator through an emission lens, and the coolant flow path including a coolant inlet flow path configured to deposit the coolant into the optical box and a coolant outlet flow path configured to allow the coolant to exit the optical box (e.g., [0338], [0501], [0506]-[0507], [0519]) (as recited in claim 11); wherein the probe device further includes at least one of an internal temperature sensor or an external temperature sensor (handheld probe device 3201 includes control electronics 3206 with external temperature sensors 3222; [0543]-[0544]), and the cooling system is configured to selectively adjust at least one of a flow rate, a pressure, or a temperature of the coolant based on feedback from the at least one of the internal temperature sensor or the external temperature sensor (cooling system 3210 of probe device 3201 cools the handheld probe device 3201 based on the temperature information received from temperature sensors 3222; [0572]-[0573]) (as recited in claim 12); wherein the probe device includes the external temperature sensor and the external temperature sensor is arranged adjacent to the emission lens of the probe device (FIG. 70A shows temperature sensors 3222 adjacent to emission lens 3223; FIG. 70A; [0546]) (as recited in claim 13); wherein the coolant flow path is an internal coolant flow path and the cooling system includes an external coolant flow path, and wherein at least a portion of at least one of the internal coolant flow path or the external coolant flow path includes an insulating sleeve (optics cooler 3043 employing an alternative cooling scheme utilizing compressed air from an air compressor 3097 and a vortex tube 3100 to deliver cooled air into the CLEO 3027 for direct cooling of the optical elements; [0462]) (as recited in claim 14); wherein the probe device further comprises one or more thermoelectric cooling elements embedded within or affixed to one or more of the emission lens, the optical box, or the distal end of the probe device (optics cooler 3043 attached to the optical box 3005 where optics cooler 3043 utilizes a thermoelectric element with the cold side conductively cooling the apparatus; [0461]) (as recited in claim 15); wherein the coolant outlet flow path comprises at least one vent port disposed adjacent to a diffusing lens arranged at or near a proximal end of the optical box, the coolant outlet flow path being configured to allow the coolant to directly cool the diffusing lens (the plurality of cool!ng apertures 3264 are configured to permit the coolant received within the optical box 3205 to enter into the lens retention cap 3250 to cool the diffusing lens 3225, the fiber end 3228 of the FOC 3209; [0528]) (as recited in claim 16); a probe device for administering phototherapy, the probe device comprising: an optical box (e.g., 3205) at a distal end of a shaft (e.g., [0501]-[0506], Fig. 66); a fiber optic cable (e.g., 3209, Fig 66; [0501) extending through the shaft to the optical box and configured to transmit a beam of coherent light (e.g., [0003]) from a coherent light generator through the optical box; and a coolant flow path extending through the shaft to the optical box and at least partially enveloping the fiber optic cable (e.g., [0338], [0501], [0506]-[0507], [0519]) (as recited in claim 17); wherein the coolant flow path includes a coolant inlet flow path configured to deposit coolant into the optical box and a coolant outlet flow path extending through a proximal end of the optical box and at least partially enveloping the fiber optic cable (a coolant inlet may be provided around the FOC 3209 within the probe tip 3204c for feeding coolant media into the optical box 3205, and coolant outlets 3224 to allow coolant received through the coolant inlet 3221 to vent out of the optical box 3205; [0507], [0519]) (as recited in claim 18); wherein the coolant outlet flow path comprises at least one vent port disposed adjacent to a diffusing lens arranged at or near the proximal end of the optical box, the coolant outlet flow path being configured to allow the coolant to directly cool the diffusing lens (the plurality of cooling apertures 3264 are configured to permit the coolant received within the optical box 3205 to enter into the lens retention cap 3250 to cool the diffusing lens 3225, the fiber end 3228 of the FOC 3209; [0528]) (as recited in claim 19); further including an external temperature sensor arranged adjacent to an emission lens of the probe device (FIG. 70A shows temperature sensors 3222 adjacent to emission lens 3223; FIG. 70A; [0546]) (as recited in claim 20).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hetz, as applied to claim 1, and further in view of Zheng (CN 206612874 U, 2017-11-07).
Regarding claims 8 and 9, Hetz teaches a system for administering phototherapy, except comprising an external chilling blanket.
Zheng teaches an external chilling blanket configured to be slid over a distal end and the shaft of the probe device (medical cooling blanket with a conduit laid with band pipe and a conduit entrance is connected inside the delivery port of the water pump; paragraphs [0006]-[0007]), and wherein the external chilling blanket is cooled via one of a flowing coolant or a thermoelectric cooling element (water pump attached to the blanket body with cooling liquid in the water tank; Abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Zheng with the invention taught by Hetz in order to improve the cooling/efficacy of the treatment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T LUAN whose telephone number is (571)270-1860. The examiner can normally be reached on 9am-5pm, M-F (generally).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Jackson, can be reached on 571-272-4697. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Scott Luan, Ph.D.
/SCOTT LUAN/Primary Examiner, Art Unit 3792