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 .
Status of claim(s)
Claims 1, 4-11, 13, 16-18, 20 have been examined. Claims 2-3, 12, 14-15, 19 previously have been canceled. Claims 1, 4-5, 10-11, 13, 16 previously have been amended.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1, 4-11, 13, 16-17,18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunter et al. (US20220212031A1 hereinafter Hunter) in view of Bachmann et al. (WO2005104179A2 hereinafter Bachmann)
With respect to claim 1, Hunter teaches an apparatus for treating a target area of a living thing comprising:
a plurality of different types of energy generation sources configured to directly or indirectly couple to the living thing, wherein each type of energy generation source directs to a same target (‘031; Para 0046: Hunter discloses different types of light sources for therapy to a target tissue; Para 0047: Light sources may provide coherent light or incoherent light and may include one or more of LEDs, organic LEDs (OLEDs), lasers, and other lamps according to aspects of the present disclosure. Lasers may be used for irradiation in combination with optical fibers or other delivery mechanisms. LEDs are solid state electronic devices capable of emitting light when electrically activated ); and where the sources include at least one non-photonic energy source selected from the group consisting of heat, pressure, mechanical vibration, electrical, electromagnetic, radio frequency, and plasma sources; and
a control console communicatively coupled to each of the different type energy generation sources to provide a calculated dosing of respective energy from each energy source during a single treatment session of the living thing, wherein the control console includes an artificial intelligence central processing unit configured to calculate the dosing of respective energy from each type of energy source (‘031; Para 0061: Hunter discloses, the server 14 may include a database 22 and/or an artificial intelligence library 24 that are populated with suitable data, including but not limited to clinical trial data and data (e.g., images and other sensor data) captured by other illumination devices in practice, that allows the server-side application 20 to receive data specific to a particular user, compare the data with the artificial intelligence library 24, and formulate a tailored phototherapy treatment protocol ; Para 0081: Hunter discloses treatment protocols may be loaded or programmed with the control system 30 of the illumination device 12; Para 0085: Hunter further discloses FIGS. 3 to 6, multiple illumination devices 44 may be implemented as the illumination devices 12 in FIGS. 3 to 6. the treatment protocol may be developed that increases a time and/or intensity of light emissions so the user may receive the targeted dose. In further aspects, the collected diagnostic data may be used to determine actual dosing received by the user and reported to the server 14 ).
Bachmann teaches
and where the sources include at least one non-photonic energy source selected from the group consisting of heat, pressure, mechanical vibration, electrical, electromagnetic, radio frequency, and plasma sources (179; page/line 10/10-18 : Different kinds of light sources can be used, e.g. high power LEDS (broad-band or with specific colors), discharge lamps (with photographic flash lights one can ignite CNTs to burn in oxygen). Alternative energy sources include non-photonic energy sources (such as electrical currents, e-beams, ion beams etc.).)
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the devices and systems of Hunter with the technique of provide the non-photonic energy source for medical treatment as taught by Bachmann in order to provide medical treatment using non-photonic energy sources.
Claim 13 is rejected as the same reason with claim 1.
With respect to claim 4, the combined art teaches the apparatus of claim 1, wherein at least one energy source of the plurality of different type of energy generation sources is photonic (‘031; Para 0043: photonic devices; Para 0047: electromagnetic…).
Claim 16 is rejected as the same reason with claim 4.
With respect to claim 5, the combined art teaches the apparatus of claim 1, further comprising a display communicatively coupled to the control console and operable to show one or more regions of the living thing being treated during the single treatment session by each energy source and the selection of the plurality of different energy generation sources configured to directly or indirectly couple to the living thing (‘’031; Para 0050).
With respect to claim 6, the combined art teaches the apparatus of claim 5, wherein the display is operable to show an amount of treatment from each of the energy sources remaining before, after or during the single treatment session (‘407; Para 0056).
With respect to claim 7, the combined art teaches the apparatus of claim 6, further comprising at least one wound, lesion or tissue applicator coupled to at least one energy source (‘031; Para 0061).
With respect to claim 8, Hunter teaches the apparatus of claim 4, further comprising at least one wound, lesion or tissue applicator coupled to at least one energy source (‘031; Paras 0061, 0077).
With respect to claim 9, the combined art teaches the apparatus of claim 1, further comprising at least one wound, lesion or tissue applicator coupled to at least one energy source (‘031; Para 0048.)
With respect to claim 10, the combined art teaches the apparatus of claim 9, wherein each energy source of the plurality of different types of energy generation sources produces a treatment effect selected from the group consisting of shockwaves, radial pressure waves, planar pressure waves, cylindrical pressure waves, non-contact ultrasound, contact ultrasound, electromagnetic waves, LED light therapy, OLED light therapy, phototherapy, laser phototherapy, ultraviolet light, cold plasma, radio-frequency, vacuum, electrical current, topical negative pressure, energy-activated nanotechnology, pneumatic compression, and hydrotherapy (‘031; Para 0047: laser; Para 0072: LED, OLED, ).
Claim 18 is rejected as the same reason with claim 10.
With respect to claim 11, the combined art teaches the apparatus of claim 1, wherein each energy source of the plurality of different type of energy generation sources produces a treatment effect selected from the group consisting of shockwaves, radial pressure waves, planar pressure waves, cylindrical pressure waves, non-contact ultrasound, contact ultrasound, electromagnetic waves, LED light therapy, OLED light therapy, phototherapy, laser phototherapy, ultraviolet light, cold plasma, radio-frequency, vacuum, electrical current, topical negative pressure, nanotechnology, pneumatic compression, and hydrotherapy (‘031; Para 0047: laser; Para 0072: LED, OLED,).
With respect to claim 17, the combined art teaches the method of claim 13, wherein the living thing is a human or animal and the condition is a wound, lesion or tissue condition (‘031; Paras 0042, 0064).
With respect to claim 20, the combined art teach according to the method of claim 18, wherein the living thing is a human or animal body and the condition is a wound, lesion or tissue condition, and further comprising using artificial intelligence to determine each respective treatment protocol based on or more of whether the condition is chronic or acute, whether the condition is internal or external to the body, whether the condition is ischemic or non-ischemic, whether the condition includes infection or is free of infection, whether the condition shows inflammation and whether the condition is causing pain (‘0031;Paras 0037, 0039, 0049, Para 0061).
Response to Arguments
Applicant's arguments filed 02/27/2026 have been fully considered but they are not persuasive.
In the Remark filed 02/27/2026, the Applicant argued that Bachmann is a Non-Analogous Art. Bachmann mentions non-photonic energy sources such as electrical currents, e- beams, and ion beams, this discussion appears solely in the context of ionizing analytes for analysis. Bachmann does not disclose or suggest administering non-photonic energy for medical treatment, does not disclose or suggest therapeutic dosing, and does not disclose or suggest simultaneous multi-modal therapeutic energy delivery to a same target during a single treatment session.
In response to applicant's argument that Bachmann is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Although Bachman provides the nonphotonic energy for treatment of tissue sample.
Further, the applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Bachmann discloses different kinds of light sources can be used, e.g. high power LEDS (broad-band or with specific colors), discharge lamps (with photographic flash lights one can ignite CNTs to burn in oxygen). Alternative energy sources include non-photonic energy sources (such as electrical currents, e-beams, ion beams etc.) (179; page/line 10/10-18 :.).
Given broadest reasonable interpretation of the recited claims, it is submitted that the non-energy sources of Bachmann for medical treatment is in a form as described in the invention.
Therefore, the Examiner maintains rejection of all claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO2015183346A2, Dec. 3, 2015, Achilefu et a., Imaging and treatment of Pathophysiologic condition by Cerenkov radiation.
THIS ACTION IS MADE FINAL. 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.
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/HIEP V NGUYEN/Primary Examiner, Art Unit 3686