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 .
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.
Claim 1 is 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. Claim 1 recites a microprocessor controller in signal communication with at least one light emitting diode, where the controller is configured to deliver “at least one effective dose or aliquot of light energy into an ear canal to produce heat in the ear canal” in lines 9-10. The scope/boundaries or ranges of the effective dose or aliquot of light energy to produce heat in the ear canal cannot be determined from the claim or the specification and, therefore, renders indefinite claim 1 and dependent claims 2-11 thereof.
Claim 12 recites A system to deliver therapeutically effective light energy to at least the cochlear microvasculature, the system comprising a controller in signal communication with at least one or more light emitting diodes which emit light energy at predetermined spectrum, wherein the controller is configured to cause the energy delivery device to deliver “at least one effective dose or aliquot of light energy into an ear canal” in lines 7-8. The scope/range of the recited effective dose or aliquot of light energy into the ear canal cannot be determined from the claim or the specification and, therefore, renders indefinite claim 12 and dependent claims 13-15 thereof. Appropriate correction is required.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pub. No. US 2022/016054 to Drinan et al, discloses a system and methods for diagnosing, preventing, and treating various disorders including a method for tinnitus; the method comprising: directing at least one locally effective dose of optical energy into an ear canal. Drinan further teaches the use of at least one of red light, blue light or an IR light and a method of controlling or modifying/adjusting parameters of the treatment energy such as the wavelength, intensity, duration, etc.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED M FARAH whose telephone number is (571)272-4765. The examiner can normally be reached Mon - Fri. 9:30AM -10:30 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, Niketa Patel can be reached at 571-272-4156. 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.
/AHMED M FARAH/Primary Examiner, Art Unit 3792
Prosecution Insights