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 .
Status of Claims
Claims 1-2, 4, and 31 are currently amended.
Claims 3, 7, 11, 14-30, 36, and 39 are cancelled.
Response to Arguments
Applicant’s arguments, see pages 7-11, filed 6/5/2026, with respect to the rejection(s) of
claim(s) 1-2. 4-6, 8-10, 12-13, 31-35, 37-38, and 40-42 under 35 U.S.C. 103 rejection have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Starkweather.
35 U.S.C. 103:
Regarding claim 1, applicant argues that Ullrich, alone or in combination with the prior art, does
not teach “wherein said upright housing comprises a plurality of intercoupled housing segments to form the circumferential wall and the rear wall, wherein the plurality of intercoupled housing segments define the accommodating space and each housing segment of the plurality of intercoupled housing segments comprises a circumferential wall segment, a rear wall segment, and at least one coupling profile configured to couple said housing segment to at least one adjacent housing segment, and wherein, the circumferential wall segments of said plurality of intercoupled housing segments overlap partially, and the rear wall segments of said plurality of intercoupled housing segments overlap partially.” After further search and consideration, the examiner will rely on the combination of Ullrich and Starkweather to teach this limitation.
Ullrich teaches wherein said upright housing (1) comprises a plurality of intercoupled housing
segments (1a-d) to form the circumferential wall and the rear wall (1d), wherein the plurality of intercoupled housing segments (1a-d) define the accommodating space and each housing segment (1a-d) of the plurality of intercoupled housing segments (1a-d) comprises a circumferential wall segment (1a-c), a rear wall segment (1d), and at least one coupling profile configured to couple said housing segment (1a-d) to at least one adjacent housing segment (1a-d) (fig. 3-4 and 9; paragraph 46-47 ad 51-52). The coupling profile, defined by the lips 14b and 14d, allows the segments to overlap partially. Lips are well-known to be small, projecting edges, rims, or ledges that extends beyond a surface for functional purposes. Each housing segment has an accommodating space. Depending on where the user would like the light projection to target, the housing may be placed at an upright position.
However, Ullrich does not teach wherein, the circumferential wall segments of said plurality of intercoupled housing segments overlap partially, and the rear wall segments of said plurality of intercoupled housing segments overlap partially.
Starkweather teaches a rotational coupling profile wherein, the circumferential wall segments of said plurality of intercoupled housing segments overlap partially, and the rear wall segments of said plurality of intercoupled housing segments overlap partially (fig. 4C-E and 5; paragraph 60-64). The device includes a base 310 (e.g., platform, etc.) and a first stack of reflective units 320 rotatably attached (e.g., 360 degrees of rotation) to a top surface 310a of the base 310. The top surface 310a of the base 310 may include a ball-bearing assembly, or other suitable rotating platform (not shown), configured to allow the first stack of reflective units 320 to rotate or pivot thereabout. The first and second stacks of reflective units 320, 321 may rotate in opposite directions about the center shaft 312 ((e.g., the first stack of reflective units rotates clockwise and the second stack of reflective units rotates counterclockwise).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the coupling profile and shape of the housing segments of Ullrich to adopt the rotational coupling profile from Starkweather for the benefit of providing adjustable light projections to different areas and increase the effectiveness of radiation therapy.
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 1-2, 4-6, 8-10, 12-13, 31-35, 37-38, and 40-42 are rejected under 35 U.S.C. 103 as
being unpatentable by Ullrich et al. US Pub.: US 20030078635 A1, hereinafter Ullrich in view of Starkweather et al. US Pub.: US 20170340760 A1, hereinafter Starkweather.
Regarding claim 1, Ullrich teaches a device for radiating UV and/or IR radiation to a human body
comprising: an upright housing (1) comprising a circumferential wall (1d, rectangular circumference) and a rear wall (1a, 1b, and 1c) connected to said circumferential wall (1d), wherein said upright housing defines an accommodating space (fig. 3-4; paragraph 46-47);
at least one radiation unit (tanning radiator) accommodated within said accommodating space, wherein each radiation unit (tanning radiator) comprises at least one radiation source for radiating UV and/or IR radiation (fig. 9; paragraph 27-29 and 52); The radiation filter may be ultraviolet and/or infrared.
and at least one reflector (3a-3b), and at least one radiation transmitting wall (radiation filters 2a-2b) covering said at least one radiation unit (tanning radiator), and connected to the circumferential wall (1d) of the housing (1) to close the accommodating space at least partially (fig. 3-4 and 9; paragraph 46-47);
wherein said upright housing (1) comprises a plurality of intercoupled housing
segments (1a-d) to form the circumferential wall and the rear wall (1d), wherein the plurality of intercoupled housing segments (1a-d) define the accommodating space and each housing segment (1a-d) of the plurality of intercoupled housing segments (1a-d) comprises a circumferential wall segment (1a-c), a rear wall segment (1d), and at least one coupling profile configured to couple said housing segment (1a-d) to at least one adjacent housing segment (1a-d) (fig. 3-4 and 9; paragraph 46-47 ad 51-52). The coupling profile, defined by the lips 14b and 14d, allows the segments to overlap partially. Lips are well-known to be small, projecting edges, rims, or ledges that extends beyond a surface for functional purposes. Each housing segment has an accommodating space. Depending on where the user would like the light projection to target, the housing may be placed at an upright position.
However, Ullrich does not teach wherein, the circumferential wall segments of said plurality of intercoupled housing segments overlap partially, and the rear wall segments of said plurality of intercoupled housing segments overlap partially.
Starkweather teaches a rotational coupling profile wherein, the circumferential wall segments of said plurality of intercoupled housing segments overlap partially, and the rear wall segments of said plurality of intercoupled housing segments overlap partially (fig. 4C-E and 5; paragraph 60-64). The device includes a base 310 (e.g., platform, etc.) and a first stack of reflective units 320 rotatably attached (e.g., 360 degrees of rotation) to a top surface 310a of the base 310. The top surface 310a of the base 310 may include a ball-bearing assembly, or other suitable rotating platform (not shown), configured to allow the first stack of reflective units 320 to rotate or pivot thereabout. The first and second stacks of reflective units 320, 321 may rotate in opposite directions about the center shaft 312 ((e.g., the first stack of reflective units rotates clockwise and the second stack of reflective units rotates counterclockwise).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the coupling profile and shape of the housing segments of Ullrich to adopt the rotational coupling profile from Starkweather for the benefit of providing adjustable light projections to different areas and increase the effectiveness of radiation therapy.
Regarding claim 2, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein the housing (1) comprises one top housing segment, one bottom housing segment, and at least one intermediate housing segment situated in between with said top housing segment and said bottom housing segment (fig. 8; paragraph 46-47).
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Regarding claim 4, Ullrich in view of Starkweather teaches the claimed invention and
Starkweather further teaches wherein the plurality of intercoupled housing segments are vertically stacked to form the upright housing and the partial overlap of the housing segments is such that the circumferential wall segment and the rear wall segment of an higher located housing segment partially encloses the circumferential wall segment and the rear wall segment of an adjacent, lower located housing segment (fig. 4C-E and 5; paragraph 60-64). The device includes a base 310 (e.g., platform, etc.) and a first stack of reflective units 320 rotatably attached (e.g., 360 degrees of rotation) to a top surface 310a of the base 310. The top surface 310a of the base 310 may include a ball-bearing assembly, or other suitable rotating platform (not shown), configured to allow the first stack of reflective units 320 to rotate or pivot thereabout. The first and second stacks of reflective units 320, 321 may rotate in opposite directions about the center shaft 312 ((e.g., the first stack of reflective units rotates clockwise and the second stack of reflective units rotates counterclockwise).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to couple the edges of Ullrich using the mechanism from Starkweather for the benefit of adjusting and aligning walls for optimal light exposure.
Regarding claim 5, Ullrich in view of Starkweather teaches the claimed invention and
Starkweather further teaches wherein at least one coupling profile is present at a-least one coupling edge defined by both the circumferential wall segment and the rear wall segment (fig. 4C-E and 5; paragraph 60-64). The device includes a base 310 (e.g., platform, etc.) and a first stack of reflective units 320 rotatably attached (e.g., 360 degrees of rotation) to a top surface 310a of the base 310. The top surface 310a of the base 310 may include a ball-bearing assembly, or other suitable rotating platform (not shown), configured to allow the first stack of reflective units 320 to rotate or pivot thereabout. The first and second stacks of reflective units 320, 321 may rotate in opposite directions about the center shaft 312 ((e.g., the first stack of reflective units rotates clockwise and the second stack of reflective units rotates counterclockwise).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to couple the edges of Ullrich using the mechanism from Starkweather for the benefit of adjusting and aligning walls for optimal light exposure.
Regarding claim 6, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein the coupling profiles of the housing (1) comprises a first coupling profile (14b) and a complementary second coupling profile (14b), wherein said first coupling profile (14b) comprises at least one locking element and wherein said second coupling profile (14b) comprises at least one complementary counter locking element, wherein, in coupled condition of adjacent housing segments (shown in claim 40), said at least one locking element and said at least one counter locking element are configured to mutually lock said housing segments (fig. 3-4 and 9; paragraph 46-47 ad 51-52). It is known that lip coupling structures feature a lock and counter lock mechanism to ensure security and prevent accidental disconnection.
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Regarding claim 8, Ullrich in view of Starkweather teaches the claimed invention and
Starkweather further teaches wherein at least one coupling profile is configured to be partially enclosed by an adjacent coupling profile
(fig. 4C-E and 5; paragraph 60-64). The device includes a base 310 (e.g., platform, etc.) and a first stack of reflective units 320 rotatably attached (e.g., 360 degrees of rotation) to a top surface 310a of the base 310. The top surface 310a of the base 310 may include a ball-bearing assembly, or other suitable rotating platform (not shown), configured to allow the first stack of reflective units 320 to rotate or pivot thereabout. The first and second stacks of reflective units 320, 321 may rotate in opposite directions about the center shaft 312 ((e.g., the first stack of reflective units rotates clockwise and the second stack of reflective units rotates counterclockwise).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to couple the edges of Ullrich using the mechanism from Starkweather for the benefit of adjusting and aligning walls for optimal light exposure.
Regarding claim 9, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein each upwardly directed coupling profile (14b and 14d) is a male coupling profile, and wherein each downwardly directed coupling profile is a female (14b and 14d) coupling profile (fig. 8 and 9; paragraph 46-47 ad 51-52). The coupling profile is shown to be include upward and downward coupling.
Regarding claim 10, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein intercoupled coupling profiles (14b and 14d) define a seam, wherein said seam has a non-linear cross-section (fig. 8 and 9; paragraph 46-47 ad 51-52). Figure 8 shows the coupling to be non-linear.
Regarding claim 12, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein coupling profiles (14b and 14d) of adjacent housing segments are configured to realize a snap connection (fig. 8 and 9; paragraph 46-47 ad 51-52). The lip coupling profile equates to a snap connection.
Regarding claim 13, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein opposing inner surfaces of the circumferential wall are provided with support elements for supporting at least one wall (fig. 3-4; paragraph 46-47 ad 51-52). Intake plate 10 provide structural support for the circumferential wall (1d) to keep the housing from collapsing inwards.
Regarding claim 13, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein the outer surface of the housing is a substantially smooth surface (fig. 8 and 9; paragraph 46-47 ad 51-52). The housing shown in figure 8 is shown to be a smooth surface.
Regarding claim 32, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein the device comprises an outer casing configured to enclose the housing at least partially, wherein said casing is configured to be encased in a wall of a humid room (fig. 8 and 9; paragraph 46-47 ad 51-52). The housing is configurable to be attached or enclosed in a tanning room. Therefore an outer casing of a tanning room is partially enclosing the housing.
Regarding claim 33, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein a plurality of said housing segments are positioned on top of each other to form said upright housing (fig. 8 and 9; paragraph 46-47 ad 51-52). The housing segments may be upright vertical or horizontal based on positioning. The non-linear coupling supports both configurations. This may be shown below.
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Regarding claim 34, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein a plurality of said housing segments (1a-d) together enclose and/or define a single accommodating space for accommodating at least one radiation unit (tanning radiator) (fig. 3-4 and 9; paragraph 27-29, 46-47 and 51-52).
Regarding claim 35, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein at least one radiation unit (tanning radiator) is enclosed by a plurality of housing segments (1a-d) and/or wherein at least one reflector (3a and 3b) is enclosed by a plurality of housing segments (fig. 3-4 and 9; paragraph 27-29, 46-47 and 51-52).
Regarding claim 37, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein said radiation transmitting wall (radiation filters 2a-2b) engages a plurality of housing segments (1a-d), wherein said radiation transmitting wall (radiation filters 2a-2b) is preferably made out of a single piece (fig. 3-4 and 9; paragraph 27-29, 46-47 and 51-52). The radiation transmitting wall is a singular piece for each housing that houses a radiation unit.
Regarding claim 38, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein the height of the upright housing exceeds the width of the upright housing and/or wherein said accommodating space defined by said upright housing is elongated and extends in a direction which is substantially parallel to the direction in which at least one radiation unit extends (fig. 8 and 9; paragraph 46-47 ad 51-52). The housing segments may be upright vertical or horizontal based on positioning. The non-linear coupling supports both configurations. This may be shown in claim 33.
Regarding claim 40, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein said housing segment comprises a circumferential wall segment (1d), a rear wall segment (1a, 1b, 1c), and at least one coupling profile (lips 14b and 14d) configured to couple said housing segment to at least one adjacent housing segment (fig. 3-4 and 9; paragraph 46-47 ad 51-52). The coupling profile, defined by the lips 14b and 14d, allows the segments to overlap partially. Lips are well-known to be small, projecting edges, rims, or ledges that extends beyond a surface for functional purposes.
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Regarding claim 41, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein said housing (1) comprises a plurality of intercoupled housing segments (shown in claim 40 figure), wherein each housing segment (shown in claim 40 figure), comprises a circumferential wall segment (1d), a rear wall segment (1a, 1b, 1c), and at least one coupling profile (14b and 14d) configured to couple said housing segment (shown in claim 40 figure) to at least one adjacent housing segment (fig. 8 and 9; paragraph 46-47 ad 51-52). The coupling profile, defined by the lips 14b and 14d, allows the segments to overlap partially to intercoupled housing segments.
Regarding claim 42, Ullrich in view of Starkweather teaches the claimed invention and Ullrich
further teaches wherein said kit comprises a plurality of intercouplable housing segments (fig. 8 and 9; paragraph 46-47 ad 51-52); This configuration is shown in claim 40.
wherein each housing segment (figure in claim 40) comprises a circumferential wall segment (1d), a rear wall segment (1a, 1b, 1c) (fig. 3-4; paragraph 46-47);
and at least one coupling profile (14b and 14d) configured to couple said housing segment to at least one adjacent housing segment for composing an upright housing (1) which encloses an accommodating space (fig. 8 and 9; paragraph 46-47 ad 51-52); The coupling profile, defined by the lips 14b and 14d, allows the segments to overlap partially to intercoupled housing segments. This configuration is shown in claim 33.
at least one radiation unit (tanning radiator) to be accommodated within said accommodating space, wherein each radiation unit (tanning radiator) comprises at least one radiation source for radiating UV and/or IR radiation (fig. 9; paragraph 27-29 and 52); The radiation filter may be ultraviolet and/or infrared.
and at least one reflector (3a-b) (fig. 3-4 and 9; paragraph 46-47);
and at least one radiation transmitting wall (2a and 2b), configured to cover said at least one radiation unit (tanning radiator) once accommodated within the accommodating space, and connectable to the housing (1) to close the accommodating space at least partially (fig. 3-4 and 9; paragraph 27-29, 46-47 and 51-52).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN J TRAN whose telephone number is (571)272-0486. The examiner can normally be reached M-F. 8:30 am - 5:30 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, Benjamin Klein can be reached at 571-270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.J.T./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
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