CTNF 18/837,437 CTNF 93967 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-2, 11-12 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US Pat Pub No. 20050049543 to Anderson et al. (hereinafter “Anderson”) . Regarding claim 1. (Original) Anderson discloses a photocosmetic device (para 0010, 0016, 0052, “apparatus 200”) comprising: a light emitting unit configured to generate light to be illuminated on a skin (para 0052 “energy transmitting elements 220 and 230”, para 0049, 0055, 0059); a housing in which the light emitting unit is housed (fig. 3A); and a light exit surface from which the light of the light emitting unit is emitted to an outside of the housing (para 0052 “energy transmitting elements 220 and 230”, para 0049, 0055, 0059, fig. 3A), the light exit surface having a recessed shape recessed inward the housing (fig. 3A, energy transmitting elements 220 and 230 in combination with the cavity provided by area 250”), and the photocosmetic device further comprising a skin introducing unit having an opening and configured to introduce the skin through the opening into a recessed space surrounded by the light exit surface (para 0052 “pinching arms 205”, “area 250”, para 0053). Regarding claim 2 . (Original) Anderson discloses the photocosmetic device of claim 1, wherein the skin introducing unit includes a pinching unit configured to pinch the skin to introduce the skin into the recessed space (para 0052 “pinching arms 205”). Regarding claim 11 . (Currently Amended) Anderson discloses the photocosmetic device of claim 1, wherein the skin introducing unit includes an assisting part configured to, when the skin is introduced into the recessed space, come into contact with a part around the skin introduced into the recessed space (fig. 3A, portion of energy emitting elements 220, 230 of arms 205; the claim does not provide any structural details regarding the skin introducing unit and assisting part; therefore, under its BRI, any part of the housing/device capable of performing the same function is understood to read over the claimed limitation ). Regarding claim 12 . (Currently Amended) Anderson discloses the photocosmetic device of claim 1, wherein the light emitting unit includes a first light source unit and a second light source unit each of which includes a light source (para 0052 “energy transmitting elements 220 and 230”, para 0049, 0055, 0059), the housing includes a first housing part in which the first light source unit is housed and a second housing part in which the second light source unit is housed (fig. 3A, each arm being a “housing”), the first housing part and the second housing part are disposed separately from each other in a direction in which the first light source unit and the second light source unit are arranged (fig. 3A) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-103 AIA The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 3-6 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub No. 20050049543 to Anderson et al. (hereinafter “Anderson”) in view of US Pat Pub No. 20110099256 to McMillan et al. (hereinafter “McMillan”) . Regarding claim 3. (Original) Anderson discloses the photocosmetic device of claim 2, wherein the pinching unit is movable relative to the housing along a moving axis (para 0052 “A fold of skin 210 may be secured, for example, pinched, grabbed, squeezed, nipped, hooked, seized, isolated or otherwise held by pinching arms 205 or tissue holding mechanisms of apparatus 200”) but fails to explicitly disclose the pinching unit to be movable relative to the housing so as to change an opening size of the opening. McMillan , from a similar field of endeavor teaches the handpiece having a first and second portions to pivot relative to a pivot point, to bring the light-transmitting surfaces into contact with tissue disposed between the surfaces (para 0125). 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 disclosure of Anderson with the teachings of McMillan to provide the predictable result of bringing the light-transmitting surfaces into contact with tissue disposed between the surfaces. Regarding claim 4. (Original) Anderson as modified by McMillan renders obvious the photocosmetic device of claim 3, wherein the pinching unit includes a base part supported by the housing to be movable relative to the housing and a protruding part protruding from the base part along the moving axis (see rejection of claim 3, Anderson, fig 3A, McMillan fig. 13), the protruding part has a tip end constituting one edge of the opening, in an imaginal plane containing the moving axis and an opening direction of the opening, the protruding part has at least one shape selected from a group consisting of a square bracket shape, an inclined surface shape, a semicircular shape, a quarter of a circle shape, an arc shape, and a curved surface shape including two or more curves having different curvatures (McMillan para 0125 fig. 13). Regarding claim 5 . (Original) Anderson as modified by McMillan renders obvious the photocosmetic device of claim 3, wherein the pinching unit includes a protruding part that faces the recessed space, and the protruding part has a recessed surface recessed away from the recessed space (McMillan para 0125 fig. 13). Regarding claim 6 . (Currently Amended) Anderson as modified by McMillan renders obvious the photocosmetic device of claim 3, wherein the pinching unit includes a base part supported by the housing to be movable relative to the housing and a protruding part protruding from the base part along the moving axis (see rejection of claim 3, Anderson, fig 3A, McMillan fig. 13), the protruding part has a tip end constituting one edge of the opening, when viewed in an opening direction of the opening, the tip end of the protruding part has at least one shape selected from a group consisting of a straight line shape, a comb shape, a triangle wave shape, a reverse semicircular wave shape, and a circular wave shape (McMillan para 0125 fig. 13). Regarding claim 13 . (Original) The photocosmetic device of claim 12, but fails to disclose wherein at least one of the first housing part or the second housing part is movable in the direction in which the first light source unit and the second light source unit are arranged. McMillan , from a similar field of endeavor teaches the handpiece having a first and second portions to pivot relative to a pivot point, to bring the light-transmitting surfaces into contact with tissue disposed between the surfaces (para 0125). 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 disclosure of Anderson with the teachings of McMillan to provide the predictable result of bringing the light-transmitting surfaces into contact with tissue disposed between the surfaces. Regarding claim 14 . (Original) Anderson as modified by McMillan renders obvious the photocosmetic device of claim 13, further comprising a stopper mechanism configured to restrict a movement of at least one of the first housing part or the second housing part such that a gap remains between the first housing part and the second housing part even in a state where the first housing part and the second housing part are approached closest each other (Anderson, fig. 3A, McMillan para 0125 the claim does not provide any structural details regarding the stopper mechanism; therefore, under its BRI, any part of the housing/device capable of performing the same function is understood to read over the claimed limitation; see MPEP 2143 ) . 07-21-aia AIA Claim (s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub No. 20050049543 to Anderson et al. (hereinafter “Anderson”) in view of US Pat Pub No. 20060253176 to Caruso et al. (hereinafter “Caruso”) . Regarding claim 15 . (Currently Amended) Anderson discloses the photocosmetic device of claim 1 , further comprising an imaging unit housed in the housing (para 0057 “optical sensor”), wherein the housing has a recess (fig. 3A, area 250), the recess of the housing having a bottom surface and at least one side surface from which the light of the light emitting unit is emerged outside (fig. 3A), the imaging unit has a light incident surface in the bottom surface of the recess of the housing (para 0057, fig. 3A), but fails to disclose the imaging unit being configured to take an image. Caruso , from a similar field of endeavor, teaches the device having a image capture device that can form an image of the treatment region or a portion, i.e., target area (para 0101), wherein the image of the target region is analyzed (para 0126). 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 disclosure of Anderson with the teachings of Caruso to provide the predictable result of the condition of the skin of the user. Regarding claim 16 . (Original) Anderson as modified by Caruso renders obvious the photocosmetic device of claim 15, further comprising: an analyzing unit configured to analyze a condition of the skin based on the image taken by the imaging unit (Caruso, para 0126); and a lighting controller configured to control an operation of the light emitting unit based on an analysis result by the analyzing unit (Caruso, para 0126-0124, 0129 “utilize these images or data to monitor an applied treatment [] the microprocessor can be programmed to compare changes in selected parameters of the skin tissue”). Regarding claim 17 . (Original) Anderson as modified by Caruso renders obvious the photocosmetic device of claim 16, wherein the analyzing unit is configured to determine, based on the image taken by the imaging unit, a presence or absence of a first portion having a predetermined feature in a surface of the skin (Caruso, para 0126-0124, 0129 “utilize these images or data to monitor an applied treatment [] the microprocessor can be programmed to compare changes in selected parameters of the skin tissue”), and the lighting controller is configured to control the operation of the light emitting unit such that when the first portion is determined to be present in the surface of the skin, an exposure amount of the light from the light emitting unit to the first portion in the surface of the skin is smaller than an exposure amount of the light from the light emitting unit to a second portion in the surface of the skin, wherein the second portion is a portion in the surface of the skin other than the first portion (Caruso, para 0126-0124, 0129, comparing features, thresholds, etc.; see MPEP 2143 ). Regarding claim 18 . (Original) Anderson as modified by Caruso renders obvious the photocosmetic device of claim 15, further comprising: a communications unit configured to communicate with a terminal device provided externally (Caruso, para 0152 fig. 16B); and a lighting controller configured to control an operation of the light emitting unit (para 0152, 0178, etc. “device to perform desired tasks”, “programming and selection of options”), wherein the communications unit has a function to output, to the terminal device, first information relating to the image taken by the imaging unit (Caruso para 0152), and a function to receive, from the terminal device, second information relating to a condition of the skin analyzed based on the image of the first information, and the lighting controller is configured to control the operation of the light emitting unit based on the second information supplied from the terminal device (para 0152, 0178). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANA SAHAND whose telephone number is (571)272-6842. The examiner can normally be reached M-Th 8:30 am -5:30 pm; F 9 am-3 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, Jennifer S McDonald can be reached at (571) 270- 3061. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SANA SAHAND/Examiner, Art Unit 3796 Application/Control Number: 18/837,437 Page 2 Art Unit: 3796 Application/Control Number: 18/837,437 Page 3 Art Unit: 3796 Application/Control Number: 18/837,437 Page 4 Art Unit: 3796 Application/Control Number: 18/837,437 Page 5 Art Unit: 3796 Application/Control Number: 18/837,437 Page 6 Art Unit: 3796 Application/Control Number: 18/837,437 Page 7 Art Unit: 3796 Application/Control Number: 18/837,437 Page 8 Art Unit: 3796 Application/Control Number: 18/837,437 Page 9 Art Unit: 3796 Application/Control Number: 18/837,437 Page 10 Art Unit: 3796
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