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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The disclosure is objected to because of the following informalities: By including reference numbers for the figures included in the disclosure, the abstract does not stand alone as a concise
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claims 1-3 & 6-8 recite “a shielding unit.” The placeholder “unit” is modified by the function “shielding.” No sufficient structure material is recited in these claims for performing the function of shielding. As such, claims 1-3 & 6-8 are interpreted under 35 U.S.C. 112(f). In [0025] of the submitted instant specification the following description is given: “the shielding unit 20 is configured to deter insertion of an insertion from the exhaust port 12 and, even if such an insertion is inserted, block reflected light of the laser so that the reflected light is not emitted outside.” Based on this description, the shielding unit of claims 1-3 & 6-8 is interpreted to be any structure capable of preventing an insertion into the exhaust port or a structure capable of blocking reflected laser light if such an insertion was made.
The examiner notes that the limitation “wherein the shielding unit includes a shielding wall” in claims 4, 5, 9, & 10 does recite sufficient structure for performing the function of shielding. As such, are interpreted under the broadest reasonable interpretation of the claim language and are NOT interpreted under 35 U.S.C. 112(f).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 & 6-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Choi et al. (US 2023/0381536, effectively filed May-30 2022, hereinafter Choi).
Regarding claims 1-3 & 6-8 Choi teaches a phototherapy apparatus a laser light source (120 in Fig. 1) disposed inside the housing and configured to irradiate a target site with a laser from a distal end of the housing; (Fig. 1, 2, & 6 and “a laser irradiation device for performing treatment on human skin includes a main body including a barrel part; a laser oscillator that is accommodated in the main body and configured to generate a laser beam to be irradiated through the barrel part” in [0012]) a first opening provided in a side surface of the housing (the opening depicted in Fig. 6 indicating air suction, see annotated figure 6); and a shielding unit provided outside the housing (121a in Fig. 6 and “the first fan 121a may be located to be connected to the main body 110 and configured to suck external air into the laser oscillator” in [0081]. Examiner notes that since the fan may be connected to the main body, it is necessarily a separate part from and therefore outside the main body) and thus blocking reflected light of the laser unintentionally reflected inside the housing and directed toward an outside through the first opening, wherein the shielding unit is provided so that an optical path of the laser emitted from the laser light source is not directly visible from outside the housing through the first opening (Note 111, 111a, & 111b in Fig. 1, “barrel part 111 may have a substantially cylindrical shape and its one side may be connected to the laser oscillator 120”, and “the forward lens 111a and the backward lens 111b may be provided at predetermined locations inside the barrel part 111 along a longitudinal direction of the barrel part 111. For example, the forward lens 111a may be disposed on the barrel part 111 and the backward lens 111b may be disposed under the barrel part 111” in [0039-0040]. Since the barrel is connected to the laser oscillator, the light path (i.e. the point where the laser beam exits the oscillator) must be no further from lens 111a than where the barrel 111 begins. The location of backward lens 111b shows where that beginning could be. Since the optical path begins past the first opening, and sits within the barrel part, it cannot be directly visible through the first opening), wherein the shielding unit is formed so that when a virtual straight line connecting any point in an optical path range of the laser and any point of an edge portion defining the first opening is drawn, the virtual straight line passes through the shielding unit (as seen in annotated Fig. 6 below, all virtual lines from the optical path to the edge defined by the first opening pass through the body of fan 121a), further comprising: a third opening provided in the side surface of the housing (123 in Fig. 6 and the ventilation holes 123 are formed on one side of the laser oscillator 120 and may discharge external air toward the exhaust unit 122); and an air supply device configured to supply air into the housing through the third opening (121 in Fig. 6 and “the laser irradiation device 100 may further include a fan 121 and at least one ventilation hole 123. The fan 121 may introduce external air into the laser oscillator 120” in [0080]).
PNG
media_image1.png
701
303
media_image1.png
Greyscale
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4, 5, 9, & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Jones (WO 2018/046967).
With regard to claims 4, 5, 9, & 10 Choi teaches the phototherapy apparatus according to claim 3 and further comprising: a third opening provided in the side surface of the housing; and an air supply device configured to supply air into the housing through the third opening as described above.
Choi does not teach wherein the shielding unit includes a shielding wall extending in an axial direction of the housing, and the shielding wall and the housing form at least one second opening which opens in a circumferential direction of the housing or rearward of the housing and wherein the shielding wall faces the side surface of the housing and curves in a convex shape toward the housing.
However, attention is drawn to the Jones reference. Jones teaches a light emitting apparatus for dermatological treatment comprising a housing structure for housing a light emitting source, a fan and a duct, the light emitting source arranged to emit light energy to external of the device, the fan configured for directing air heated by operation of the light emitting source into the duct, the duct being arranged to direct heated air in an airstream pathway from an outlet port of a distal end of the duct and through an aperture in the housing structure, wherein the housing structure and the duct are relatively arranged such that no part of the housing structure extends into the airstream pathway in order to minimise heat exchange from the heated air to the housing structure (pg 2, line 6-14). This apparatus includes dividing rib (7 in Fig.1, also seen but unlabeled in Fig. 2-4) that may be provided for distinguishing to a user between the handle portion of the housing structure and the venting portion incorporating the aperture (4 in Fig. 1-4). This rib extends axially out from the body of the device and serves a shield between the user and a portion of the device (the shielding unit includes a shielding wall extending in an axial direction of the housing).
The apparatus also includes a ventilation duct for conducting heated air out of the apparatus. The aperture of this is defined by a wall (38 in Fig. 2-4) that tapers outwardly from an upstream to a downstream location and is thus wider at the outlet than the inlet. This further reduces heating of the housing (6) adjacent to the aperture (4) due to any dispersion of the heated airflow after existing the apparatus. Accordingly, heat exchange from the heated air to the housing structure is minimized (pg. 8, lines 5-9). Since the wall defining the rear side of the aperture is wider downstream of the airflow, that aperture opens at least in part reward of the housing (see annotated Fig. 3) (the shielding wall and the housing form at least one second opening which opens rearward of the housing) and as can be seen from the dashed lines depicting the airflow pathway (31 in Fig. 3-4 and Pg 7 line 19) the airflow includes exhaust in a reward direction. As can be seen in figure 1, both the heat exchange aperture and the dividing rib are located on a side surface of the apparatus. As seen in annotated Fig. 3, (below) the dividing rib is shaped in such a way that it curves in a convex direction toward the forward portion of that side surface (the shielding wall faces the side surface of the housing and curves in a convex shape toward the housing). These parts are arranged such that no part of the housing structure extends into the airstream pathway exiting from the duct. “Thus, the airstream is uninterrupted as it exits the outlet (32) of the distal end (28) of the duct…. It is thus extremely difficult for a user to accidentally contact the distal end of the duct (28a) which will be hot due to the effect of the heated air passing therethrough. A small separation gap (34) is preferably provided between the distal end of the duct (28a) and the housing (6) to prevent conduction of heat therebetween” (Pg 7, lines 24-32).
PNG
media_image2.png
355
421
media_image2.png
Greyscale
It would have been obvious to one of ordinary skill in the art at the time of filing of the instant application to incorporate structural elements wherein the shielding unit includes a shielding wall extending in an axial direction of the housing, and the shielding wall and the housing form at least one second opening which opens in a circumferential direction of the housing or rearward of the housing and wherein the shielding wall faces the side surface of the housing and curves in a convex shape toward the housing taught by Jones to the laser irradiation device taught by Choi for the purpose of distinguishing to a user between the handle portion of the housing structure and the venting portion and prevent conduction of heat between the vent and the housing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20210244961 A1, published Aug-12 2021
Field of Invention - The present invention relates to a low-level laser therapy (LLLT) laser probe and especially a laser head for increasing the efficiency of heat removal and a laser diode for decreasing heat production and increasing the efficiency of the laser probe.
Description - The outer cap may have a downwardly extending outer skirt along or near an outer periphery. Thereby, the outer cap may have a U-shaped cross-section. The inner cap may have a downwardly extending inner skirt along or near an inner periphery. Thereby, the inner cap may have a U-shaped cross-section. The skilled person would know how to connect the outer and inner cap, such that a heat channel having an exhaust is formed. The heat channel will make it possible to remove heat by convection, thereby increasing the heat removal.
Examiner notes that the combination of the outward and inner caps form an axially extending wall with a rearward facing opening
PNG
media_image3.png
536
451
media_image3.png
Greyscale
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM P ADAMS whose telephone number is (571)270-0136. The examiner can normally be reached 9am-6pm M-Th.
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, Unsu Jung can be reached at (571)272-8506. 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.
/W.P.A./Examiner, Art Unit 3792
/AMANDA L STEINBERG/Examiner, Art Unit 3792
Prosecution Insights