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 § 102
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.
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.
Claim(s) 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyagawa (US 20200289202).
Regarding claim 14, Miyagawa discloses A phototherapy apparatus, comprising
a light generator 12 configured to generate a laser beam (Fig. 1, abstract);
an optical fiber 29 coupled to the light generator 12 and including a light transfer portion 32 configured to transfer the laser beam (Fig. 3, section 0082) and a light scattering portion 33 configured to output the laser beam in a radial direction 42 (Fig. 3, section 0095);
a first tube 27 into which the optical fiber 29 is inserted, and configured to inject fluid into one end (Fig. 3, abstract, Section 0075);
a second tube 22 into which the first tube 27 is inserted (Fig. 2-3), and configured to discharge the fluid 51 in a region 31 with an outer surface of the first tube 27(Fig. 3, section 0079);
a third tube 134 connected to one end of the first tube 27 to receive the fluid introduced through the first tube for injection into the balloon (section 0153) and configured to accommodate the optical fiber by forward movement of the optical fiber (Fig. 7, sections 0136-0137); and
a balloon 21, 121 configured to surround one ends of the first tube 27 and the second tube 22 and the third tube 134 (Figs. 1, 3, 6-7) and to expand and reduce according to injection and discharge of the fluid (Section 0075), wherein the third tube 134 includes a hole 135 to inject the fluid into the balloon (Fig. 8, section 0136).
Regarding claim 15, Miyagawa discloses the phototherapy apparatus of claim 14, wherein
the third tube 134 is transparent such that the laser beam passes therethrough (Figs. 2-3, section 0094).
Regarding claim 16, Miyagawa discloses the phototherapy apparatus of claim 14, wherein the fluid is injected into the balloon through the hole 135 in the third tube and is discharged between an outer surface of the first tube and the second tube (Section 0153).
Regarding claim 17, Miyagawa discloses the phototherapy apparatus of claim 14, wherein
the first tube and the third tube are configured as an integrated tub
Regarding claim 18, Miyagawa discloses the phototherapy apparatus of claim 14, wherein
a hole 135 in the third tube 134 is positioned closer to one side opposite to the first tube among both sides of the balloon (Fig. 8).
Regarding claim 19, Miyagawa discloses the phototherapy apparatus of claim 14, wherein
on a plan view, the hole 30, 31, 135, has a circular, elliptical, streamlined, slit, polygonal, or irregular shape (Fig. 8, section 0136).
Regarding claim 20, Miyagawa discloses the phototherapy apparatus of claim 14, wherein
the hole 135 includes a plurality of holes disposed in a circumferential direction or an axial direction 101 of the third tube 134 (Fig. 8, section 0079).
Allowable Subject Matter
Claims 1-13 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Regarding independent claim 1, for a phototherapy apparatus, comprising a guide portion configured to accommodate the optical fiber by forward movement of the optical fiber and disposed on the same axis as the first tube, and spaced apart from the first tube along an axial direction in which the optical fiber is configured to move forward; has not been suggested or disclosed in the prior art when combined with the rest of the claim limitations of independent claim 1.
Response to Arguments
Applicant's arguments filed 8/31/2026 have been fully considered but they are not persuasive. Examiner finds that the arguments regarding claims 14-20 are not persuasive. Examiner finds that Miyagawa discloses a third tube 134 connected to one end of the first tube 27 to receive the fluid introduced through the first tube for injection into the balloon (section 0153) and configured to accommodate the optical fiber by forward movement of the optical fiber (Fig. 7, sections 0136-0137).
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 JON ERIC C MORALES whose telephone number is (571)272-3107. The examiner can normally be reached Monday-Friday 830AM-530PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/Primary Examiner, Art Unit 3796
