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 18 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. It is unclear if the "a hole" in claim 18 is a new hole or the same hole that was mentioned in claim 14.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyagawa (US 20200289202).
Regarding claim 1, 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 guide portion 134 configured to accommodate the optical fiber by forward movement of the optical fiber and disposed on the same axis as the first tube (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 guide portion 134 (Figs. 1, 3, 6-7) and to expand and reduce according to injection and discharge of the fluid (section 0075).
Regarding claim 2, Miyagawa discloses the phototherapy apparatus of claim 1, further comprising:
a guide rail 14 disposed between the first tube and the guide portion 134, and configured to guide movement of the optical fiber 29 from the first tube to the guide portion (Figs. 2-3, section 0083, 0139).
Regarding claim 3, Miyagawa discloses the phototherapy apparatus of claim 1, wherein
the guide portion 134 has a circular, elliptical, streamlined, polygonal, or irregular cross-sectional shape 101 and has a diameter decreasing in a direction away from the first tube (Figs. 7-9A, Section 0136).
Regarding claim 4, Miyagawa discloses the phototherapy apparatus of claim 1,
wherein one end of the first tube 127 is disposed between one end of the second tube 122 and the guide portion 134 (Fig. 7, section 0128).
Regarding claim 5, Miyagawa discloses the phototherapy apparatus of claim 1, wherein
the first tube 127 and the guide portion 134 are spaced apart from each other such that the fluid is discharged between an outer surface of the first tube 127 and the second tube 122 after the fluid is injected 151 into the balloon from one end of the first tube (Fig. 8, section 0149) .
Regarding claim 6, Miyagawa discloses the phototherapy apparatus of claim 1, further comprising:
a fluid adjustment portion configured to control a flow rate (section 0086) and a temperature of the fluid (section 0084).
Regarding claim 7, Miyagawa discloses the phototherapy apparatus of claim 1, further comprising:
an optical fiber moving portion 14 configured to control the optical fiber 29 to perform translational movement in an axial direction 101 of the optical fiber or rotational movement in a circumferential direction of the optical fiber (Figs. 2-3, 0087); and
a motor connected to the other end of the optical fiber (Figs. 2-3, section 0087).
Regarding claim 8, Miyagawa discloses the phototherapy apparatus of claim 7, wherein
the optical fiber moving portion is configured to move the optical fiber 29 in a first mode in which the light scattering portion 33 is positioned in the second tube 122, and in a second mode in which the light scattering 33 portion is positioned between the second tube 122 and the guide portion 134 (Figs. 2-3, sections 0099-0100).
Regarding claim 9, Miyagawa discloses the phototherapy apparatus of claim 1, wherein
a length in an axial direction of the light scattering portion 33 is smaller than a length in an axial direction of the balloon (Figs. 2-3).
Regarding claim 10, Miyagawa discloses the phototherapy apparatus of claim 1, wherein
at least one of the first tube 27, 127 or the balloon 21, 121 is transparent such that the laser beam passes therethrough (Figs. 2-3, section 0094).
Regarding claim 11, Miyagawa discloses The phototherapy apparatus of claim 1, further comprising:
a sensor array disposed on a surface of the balloon 21 and configured to measure at least one of temperature, tissue deformation, pH, and mucosal impedance (Figs. 2-3, Section 0084)
Regarding claim 12, Miyagawa discloses The phototherapy apparatus of claim 1, further comprising:
at least one of a first radio marker disposed on one side of the light scattering portion 33 or a second radio marker disposed on one side of the balloon 21 (Figs. 2-3, section 0108).
Regarding claim 13, Miyagawa discloses The phototherapy apparatus of claim 1, further comprising:
a tip portion 25 disposed on a front end of the balloon 21 (Figs. 2-3); and
a guide wire configured to guide movement of the balloon, wherein the guide wire is configured to penetrate the tip portion, to extend along one side of the balloon, and to be inserted into one end of the second tube (sections 0019, 0079).
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 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).
Conclusion
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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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/Primary Examiner, Art Unit 3796
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