DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the nano-crystal and its supporting laminar element, the infrared, luminous or ultraviolet electromagnetic radiation for exciting the nano-crystal to emit photons, and the retention means must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-8 are 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.
In claims 1-8, claim 1, line 5, “the operator’s finger” lacks antecedence. Also, a human cannot be claimed in an article claim. It is suggested that the limitation be changed to “a finger of an operator/patient” to correct the problem. Also, it is not clear if the patient is the same as the operator. It is suggested that a single term, such as, ‘patient’, be used to correct the problem. Claim 1, line 6, “the therapeutic effect” lacks antecedent basis. Claim 1, line 7, “the treatment” lacks antecedence. Claim 1, line 8, “the patient” is claiming a human, which is not acceptable in an article claim. It is suggested that the limitation be changed to “a patient” to correct the problem. Claim 1, penultimate line, it is not clear what is being claimed by “when solicited by at least one infrared, luminous or ultraviolet electromagnetic radiation”. Does this intend to claim radiation as part of the claim? Does this intend to claim a device that generates radiation as part of the claim? Is this an essential structure needed to be claimed in order for the device to function, i.e., photons being emitted by the nano-crystal?
In claim 3, last line, “the opening” lacks antecedence. It is suggested that the limitation be changed to “the through opening” to correct the problem.
In claim 4, line 2, “said opening” lacks antecedence. It is suggested that the limitation be changed to “the through opening” to correct the problem. Also, “the insertion direction of the finger” lacks antecedence. In the last line, “the ring-shaped constraining portion” lacks antecedence. It is suggested that this limitation be changed to “the ring-shaped constraining part” to correct the problem.
In claim 5, “said opening” lacks antecedence. It is suggested that the limitation be changed to “the through opening” to correct the problem.
In claim 8, lines 3, 5 and 6, “the supporting element” lacks antecedence. In line 3, “the skin of the patient” is claiming a human in an article claim, which is inappropriate. It should be changed to “skin of a patient” to correct the problem.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dixon discloses a finger ring; and has for one of its objects the formation of a ring for the reception of a gem from a fewer number of- individual parts than exists in the usual construction of similar rings.
Streeter discloses energy therapy methods for inhibiting cell growth, differentiation, migration and proliferation are described, preferred methods including delivering to a subject in need thereof a bioinhibitory amount of electromagnetic energy having a wavelength in the visible to near-infrared wavelength range below about 820 nm, the bioinhibitory amount of electromagnetic energy being a predetermined power density (mW/cm.sup.2) of energy that is delivered to the subject. The methods will be useful in the treatment of cancers and inflammation.
Zealer discloses an illumination device. The illumination device includes a housing, a power source, a light source, a connection device, one or more covers, and an actuating member. The power source, the light source, the connection device, etc. may be disposed inside the housing (e.g., for protection from a use environment) and the connection device may electrically connect or electrically couple the power source to the light source. The cover may have an actuating member which activates the light source when depressed by toggling the connection device to connect the power source to the light source. The actuating member may be integrated with the housing or the cover and may be flush with one or more of the same.
Liefang discloses a low cost treatment device for coronary artery disease. The treatment device for coronary artery disease comprises a photonic glove, a heart-board, and a machine for controlling the photonic glove and the heart-board, which are electrically connected. The photonic glove includes 4 holes for the 4 fingers next to the thumb to wear, three fixed belts of the photon generating device, and at least one magic stick for fixing the belts of the photon generating device. One end of each fixed belt in the photon generating device is fixed to the front side of the photonic glove. Three photonic generators are assembled on the front side of the photonic glove, and the magic sticks are positioned on the back of the photonic glove. The present invention is low cost, friendly to use, and can work easily at home compared to the traditional invention.
Graham discloses a reconfigurable jewelry, including rings, necklaces, pendants, bracelets, earrings, cufflinks, tie clips, berets, belt buckles, body piercing jewelry other than earrings, and watches. The jewelry includes an enclosed globe portion that contains a liquid. The jewelry may be reconfigurable in the sense that different globe portions may be interchanged. The jewelry also may include a receptacle for receiving an insert element. The jewelry is therefore also reconfigurable in the sense that different insert elements may be used.
Hamner discloses systems, devices, and methods for stimulating peripheral nerves in the fingers or hand to treat tremor are described. For example, a wearable ring device for delivering electrical stimulation to sensory nerves in a patient's finger can include an annular ring having a plurality of electrodes and a detachable unit having a power source and a pulse generator.
Ferreira discloses a styloid bracelet.
Lam discloses a finger-worn sensing device includes a measurement-device body and a finger-worn structure. The finger-worn structure includes a carrying base on which the measurement-device body can be detachably mounted. The finger-worn structure also includes a first elastic band and a second elastic band, which extend from opposite sides of the carrying base and which overlap each other under the carrying base to form an annular space for the user's finger. The first elastic band has a first free end. The second elastic band has a second free end. The first free end is closer to the annular space than the second free end. A light emitter and a light receiver are located on the inner walls of the first and second elastic bands, respectively. The light emitter and the light receiver are arranged opposite each other so that they can optically sense physiological readings from the finger.
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at 571-272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
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