DETAILED ACTION
This office action is in response to the amendment filed 4/7/2025. As directed by the amendment, claims 1, 3, 5, 7, 11, 17, and 20 have been amended, claim 6 has been cancelled, and claim 21 has been newly added. Thus, claims 1-5 and 7-21 are presenting pending in this application.
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 § 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 of this title, 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.
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 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.
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 1-4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinojosa, Jr (2006/0002105) in view of Hui et al (8,079,726).
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Regarding claim 1, Hinojosa discloses in the annotated fig 1 above a spa comprising: a shell (12) comprising an interior wall (14) defining a receptacle sized and shaped to hold water (para [0016]), the shell (12) comprising a seat between a floor of the shell and an upper edge of the shell (12) (see annotated fig 1, above); and a plurality of stationary water jets (16) and pulsating water jets (18) (para [0016]), wherein the water jets (16, 18) are configured to include a therapeutic light assembly (as shown in figs pulsating water jet (60) includes LED illumination and can be used with different spa components) (para [0020]), wherein at least one of the plurality of therapeutic light assemblies comprises a circular shape (as shown in fig 2, therapeutic light assembly (60) has a circular shape) and a plurality of red lights (solid state lighting sources can include LEDs (para [0019]), and LEDs can be red (para [0025])), wherein each of the plurality of therapeutic light assemblies (60) comprises a housing (62) (jet body) at least partially recessed in the interior wall (14) of the shell (12) (as shown in fig 3, extends through interior wall (14) (para [0021]), wherein a first one (18) at least one of the plurality of therapeutic light assemblies is positioned between the seat and the floor of the shell (12) (as shown in the annotated fig 1, two pulsating jets (18) are positioned between a floor of the shell (12) containing the drain (20) and a seat of the shell (12)) such that when the first one (18) of the plurality of therapeutic light assemblies is active, the first one (18) of the plurality of therapeutic light assemblies is configured to direct light directly to a user (as shown in fig 3, LED (96) is configured to shine light to a forward end (90), and therefore a user’s leg positioned directly over a pulsating jet shown in fig 1 would have light directly aimed at a user).
Hinojosa does not disclose wherein each at least one of the plurality of therapeutic light assemblies comprises a plurality of red lights arranged in a ring shape; and wherein each of the plurality of red lights are positioned on a portion of the housing positioned in the receptacle.
However, Hui in figs 1-6 teaches a pool light assembly (20), wherein the pool light assembly comprises a circular shape a plurality of lights (210) arranged in a ring shape (as shown in fig 6, pool light assembly (200) has a circular shape and includes lights (210) that form a ring around the nozzle (140) (col 4, ln 55-63); wherein the pool light assembly (20) comprises a housing (134) (body for interconnecting with a return fitting (50)) (col 3, ln 43-48) at least partially recessed in the interior wall of a shell (nut (154) of return fitting (50) is on dry side of the pool wall, and therefore the portion of body (134) engaging nut (154) is also on the dry side of the pool wall and recessed in the interior wall of the pool wall) (col 4, ln 33-38), and wherein each of the plurality of lights (210) are positioned on a portion of the housing (134) positioned in the receptacle (the light adapter is on the water side of the light assembly) (col 4, ln 33-36).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to substitute the structure of the plurality of therapeutic light assemblies and spa jets of Hinojosa with a therapeutic light assembly including a circular shape and a plurality of red lights arranged in a ring shape; wherein each of the plurality of therapeutic light assemblies comprises a housing at least partially recessed in the interior wall of the shell, and wherein each of the plurality of red lights are positioned on a portion of the housing positioned in the receptacle as taught by Hui in order to provide an improved pool light assembly that eliminates the need for having an electrical conduit within the water channel of the pool light assembly (Hui, col 1, ln 58-63).
Regarding claim 2, the modified Hinojosa’s reference disclose each of the plurality of therapeutic light assemblies (20 of Hui) is positioned within a recess of the shell configured to receive a spa jet (140 of Hui) (spa jet) (as shown in fig 3 of Hui, therapeutic light assembly (20 of Hui) includes a spa jet (140 of Hui)) (Hui, col 3, ln 66-col 4, ln 2).
Regarding claim 3, the modified Hinojosa’s reference discloses each of the plurality of therapeutic light assemblies (20) further comprises a lens (136 of Hui) configured to allow transmission of red light (member (136 of Hui) is a clear plastic lens, which is configured to transmit red light) (col 3, ln 54-64).
Regarding claim 4, the modified Hinojosa’s reference discloses in figs 1-3 the lens (136 of Hui) comprises a circular shape (as shown in figs 1-6, the lens (136 of Hui) is shown to have a circular shape).
Regarding claim 9, Hinojosa discloses each of the plurality of therapeutic light assemblies comprises a plurality of red LEDs (LEDs may be red) (para [0025]).
Claims 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinojosa, Jr and Hui et al as applied to claim 1 above, and further in view of Hildebrand et al (2003/0147241).
Regarding claim 5, modified Hinojosa discloses a spa including a second one of a plurality of light assemblies (as shown in fig 1 of Hinojosa, spa includes a plurality of second jet (16, 18) disposed at a side of the tub).
Modified Hinojosa does not disclose a second one at least one of the plurality of therapeutic light assemblies is positioned on a lower back area of the seat.
However, Hildebrand in fig 2 teaches a chromatherapy bathtub (16) (tub basin including a seat including a back rest (18) (para [0029]), wherein a one of a plurality of light assemblies (12) is positioned on a lower back area of the seat (as shown in fig 2, lens (30) of light assembly is positioned through openings in the back rest (18)) (fig 2, para [0029]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Hinojosa by providing a second one at least one of the plurality of therapeutic light assemblies positioned on a lower back area of the seat as taught by Hildebrand, as the location of a chromatherapy light assembly on a lower back area of a seat is known in the art, and it appears that the modified Hinojosa’s device would perform equally well to provide chromatherapy to a patient if a therapeutic light assembly is provided on a lower back area of a seat. See MPEP 2143(I)(A).
Claims 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinojosa, Jr and Hui et al as applied to claim 1 above, and further in view of Barbosa (BR MU 9,102,997).
Regarding claim 7, modified Hinojosa discloses each at least one of the plurality of therapeutic light assemblies comprises a plurality of LEDs
Modified Hinojosa does not disclose each at least one of the plurality of therapeutic light assemblies comprises a plurality of infrared LEDs.
However, Barbosa in fig 1 teaches a therapeutic light assembly including a plurality of infrared LEDs (5) (page 6, first full paragraph), wherein the infrared LEDs (5) are used for treating deeper skin wounds of a user (page 6, third full paragraph).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Hinojosa by providing the each of the plurality of therapeutic light assemblies with a plurality of infrared LEDs as taught by Barbosa in order to allow the therapeutic light assemblies to treat deeper wounds of the skin of the user (Barbosa, page 6, third full paragraph).
Claims 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinojosa, Jr, Hui et al, and Barbosa as applied to claim 7 above, and further in view of Daffer et al (9,808,644).
Regarding claim 8, modified Hinojosa discloses wherein each at least one of the plurality of therapeutic light assemblies comprises a plurality of infrared LEDs (Barbosa, page 6, first full paragraph),
Modified Hinojosa does not disclose the plurality of infrared LEDs have a wavelength ranging from about 700 nm to about 1 mm.
However, Daffer in teaches a phototherapy system including a plurality of light panels (26, 28, 30a, 30b) (col 3, ln 27-36), wherein the light panels (26, 28, 30a, 30b) comprise an infrared light source (col 3, ln 27-44), and wherein the infrared light source has a wavelength ranging from about 700 nm to about 1 mm (infrared range can be from 800 to 2000 nm (col 1, ln 53-56), and 830 nm to treat carpal tunnel syndrome) (col 2, ln 10-13).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Hinojosa so that the plurality of infrared LEDs have a wavelength ranging from about 700 nm to about 1 mm as taught by Daffer in order to provide a desired frequency to treat a symptom, such as carpal tunnel syndrome (Daffer, col 2, ln 4-13).
Claims 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinojosa, Jr and Hui et al as applied to claim 1 above, and further in view of Daffer et al (9,808,644).
Regarding claim 10, modified Hinojosa discloses a plurality of red lights.
Modified Hinojosa does not disclose the plurality of red lights have a wavelength ranging from about 400 nm to about 700 nm.
However, Daffer in teaches a phototherapy system including a plurality of light panels (26, 28, 30a, 30b) (col 3, ln 27-36), wherein the light panels (26, 28, 30a, 30b) comprise red LEDs (col 3, ln 37-45), and wherein the plurality of red LEDs have a wavelength ranging from about 400 nm to about 700 nm (wavelength can be adjusted from 400 to 800 nm in the visible spectrum) (col 1, ln 53-56).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Hinojosa by configuring the plurality of red lights to have a wavelength ranging from about 400 nm to about 700 nm as taught by Daffer in order to provide a wavelength to provide therapy for conditions dermatological conditions and skin tightening (Daffer, col 1, ln 57-67).
Claims 11-12, 16-19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinojosa, Jr in view of Hui et al and Archer (7,204,602).
Regarding claim 11, Hinojosa discloses in the annotated fig 1 above discloses a spa comprising: a shell (12) comprising an interior wall (14) defining a receptacle sized and shaped to hold water (para [0016]), the shell (12) comprising a seat between a floor of the shell and an upper edge of the shell (12) (see annotated fig 1, above); and a plurality of stationary water jets (16) and pulsating water jets (18) (para [0016]), wherein the water jets (16, 18) are configured to include a therapeutic light assembly (as shown in figs pulsating water jet (60) includes LED illumination and can be used with different spa components) (para [0020]), wherein each of the plurality of therapeutic light assemblies comprise red LEDs or infrared LEDs (solid state lighting sources can include LEDs (para [0019]), and LEDs can be red (para [0025])), wherein each of the plurality of therapeutic light assemblies (60) comprises a housing (62) (jet body) at least partially recessed in the interior wall (14) of the shell (12) (as shown in fig 3, extends through interior wall (14) (para [0021]), wherein a first one (18) of the plurality of therapeutic light assemblies is positioned between the seat and the upper edge of the shell (12) (as shown in the annotated fig 1, a pulsating jet (18) is positioned between the seat and the upper edge of the shell (12)) and wherein a second one (18) at least one of the plurality of therapeutic light assemblies is positioned between the seat and the floor of the shell (12) (as shown in the annotated fig 1, two pulsating jets (18) are positioned between a floor of the shell (12) containing the drain (20) and a seat of the shell (12)); the first one (18) of the plurality of therapeutic light assemblies and the second one (18) of the plurality of therapeutic light assemblies is configured to direct light directly to a user (as shown in fig 3, LED (96) is configured to shine light to a forward end (90), and therefore a user’s torso positioned directly over a first pulsating jet (18) leg positioned directly over a pulsating jet second pulsating jet (18) shown in fig 1 would have light directly aimed at a user).
Hinojosa does not disclose wherein each at least one of the plurality of therapeutic light assemblies comprises a plurality of lights arranged in a ring shape; and wherein each of the plurality of red lights are positioned on a portion of the housing positioned in the receptacle.
However, Hui in figs 1-6 teaches a pool light assembly (20), wherein the pool light assembly comprises a circular shape a plurality of lights (210) arranged in a ring shape (as shown in fig 6, pool light assembly (200) has a circular shape and includes lights (210) that form a ring around the nozzle (140) (col 4, ln 55-63); wherein the pool light assembly (20) comprises a housing (134) (body for interconnecting with a return fitting (50)) (col 3, ln 43-48) at least partially recessed in the interior wall of a shell (nut (154) of return fitting (50) is on dry side of the pool wall, and therefore the portion of body (134) engaging nut (154) is also on the dry side of the pool wall and recessed in the interior wall of the pool wall) (col 4, ln 33-38), and wherein each of the plurality of lights (210) are positioned on a portion of the housing (134) positioned in the receptacle (the light adapter is on the water side of the light assembly) (col 4, ln 33-36).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to substitute the structure of the plurality of therapeutic light assemblies and spa jets of Hinojosa with a therapeutic light assembly including a circular shape and a plurality of red lights arranged in a ring shape; wherein each of the plurality of therapeutic light assemblies comprises a housing at least partially recessed in the interior wall of the shell, and wherein each of the plurality of red lights are positioned on a portion of the housing positioned in the receptacle as taught by Hui in order to provide an improved pool light assembly that eliminates the need for having an electrical conduit within the water channel of the pool light assembly (Hui, col 1, ln 58-63).
The now-modified Hinojosa’s device does not disclose each of the plurality of therapeutic light assemblies comprises a first plurality of lights arranged in a circular shape and a second plurality of lights surrounded by the first plurality of lights.
However Archer in fig 1 teaches a light emitting diode pool assembly comprising a plurality of LEDs (10) (col 3, ln 38-42) and as shown in fig 1, the plurality of LEDs are formed as a series of concentric circles including a first plurality of lights (10) formed in an outer circle and a second plurality of lights (10) formed in a second concentric circle and surrounded by the first plurality of lights (10) (col 3, ln 38-42).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Hinojosa by providing each of the therapeutic light assemblies with the lights formed in concentric circles, with a first plurality of lights arranged in a circular shape and a second plurality of lights surrounded by the first plurality of lights as taught by Archer in order to provide a configuration of the lights to optimize color mixing for the arrays when they are housed in the device (Archer, col 3, ln 60-65).
Regarding claim 12, the modified Hinojosa’s references disclose a first plurality of lights and a second plurality of lights comprise LEDs (Archer, fig 1, col 3, ln 38-44), wherein each of the LEDs can be red LEDs (LEDs may be red) (Hinojosa, para [0025], Archer, col 3, ln 19-23).
Regarding claim 16, the modified Hinojosa’s reference discloses each of the plurality of therapeutic light assemblies (20 of Hui) is positioned within a recess of the shell configured to receive a spa jet (140 of Hui) (spa jet) (as shown in fig 3 of Hui, therapeutic light assembly (20 of Hui) includes a spa jet (140 of Hui)) (Hui, col 3, ln 66-col 4, ln 2).
Regarding claim 17, the modified Hinojosa’s reference discloses each of the plurality of therapeutic light assemblies (20) further comprises a lens (136 of Hui) configured to allow transmission of red light (member (136 of Hui) is a clear plastic lens, which is configured to transmit red light) (col 3, ln 54-64).
Regarding claim 18 the modified Hinojosa’s reference discloses in figs 1-3 the lens (136 of Hui) comprises a circular shape (as shown in figs 1-6, the lens (136 of Hui) is shown to have a circular shape).
Regarding claim 19, the modified Hinojosa’s reference discloses in figs 1-3 if Hui that each of the plurality of therapeutic light assemblies comprises a circular shape (as shown in figs 1-6, the lens (136 of Hui) of the therapeutic light assembly is shown to have a circular shape).
Regarding claim 21, the modified Hinojosa’s reference discloses the first one of the plurality of therapeutic light assemblies (20 of Hui) is positioned adjacent to one or more spa jets (140 of Hui) (as shown in fig 3 of Hui, therapeutic light assembly (20 of Hui) surround a spa jet (140 of Hui)).
Claims 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinojosa, Jr, Hui et al, and Archer as applied to claim 12 above, and further in view of Daffer et al.
Regarding claim 10, modified Hinojosa discloses a plurality of red LEDs.
Modified Hinojosa does not disclose the plurality of red lights LEDs a wavelength ranging from about 400 nm to about 700 nm.
However, Daffer in teaches a phototherapy system including a plurality of light panels (26, 28, 30a, 30b) (col 3, ln 27-36), wherein the light panels (26, 28, 30a, 30b) comprise red LEDs (col 3, ln 37-45), and wherein the plurality of red LEDs have a wavelength ranging from about 400 nm to about 700 nm (wavelength can be adjusted from 400 to 800 nm in the visible spectrum) (col 1, ln 53-56).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Hinojosa by configuring the plurality of red LEDs to have a wavelength ranging from about 400 nm to about 700 nm as taught by Daffer in order to provide a wavelength to provide therapy for conditions dermatological conditions and skin tightening (Daffer, col 1, ln 57-67).
Claims 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinojosa, Jr, Hui et al, and Archer as applied to claim 11 above, and further in view of Barbosa.
Regarding claim 14, modified Hinojosa discloses the first plurality of lights comprises LEDs and the second plurality of lights comprises LEDs (Archer, fig 1, col 3, ln 38-44, Hinojosa, para [0025]).
Modified Hinojosa does not disclose each at least one of the plurality of therapeutic light assemblies comprises a plurality of infrared LEDs.
However, Barbosa in fig 1 teaches a therapeutic light assembly including a plurality of infrared LEDs (5) (page 6, first full paragraph), wherein the infrared LEDs (5) are used for treating deeper skin wounds of a user (page 6, third full paragraph).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Hinojosa by providing the each of the first and second plurality of lights with a plurality of infrared LEDs as taught by Barbosa in order to allow the therapeutic light assemblies to treat deeper wounds of the skin of the user (Barbosa, page 6, third full paragraph).
Claims 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinojosa, Jr, Hui et al, Archer and Barbosa as applied to claim 14 above, and further in view of Daffer et al.
Regarding claim 15, modified Hinojosa discloses a plurality of infrared LEDs (Barbosa, page 6, first full paragraph),
Modified Hinojosa does not disclose the plurality of infrared LEDs have a wavelength ranging from about 700 nm to about 1 mm.
However, Daffer in teaches a phototherapy system including a plurality of light panels (26, 28, 30a, 30b) (col 3, ln 27-36), wherein the light panels (26, 28, 30a, 30b) comprise an infrared light source (col 3, ln 27-44), and wherein the infrared light source has a wavelength ranging from about 700 nm to about 1 mm (infrared range can be from 800 to 2000 nm (col 1, ln 53-56), and 830 nm to treat carpal tunnel syndrome) (col 2, ln 10-13).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Hinojosa so that the plurality of infrared LEDs have a wavelength ranging from about 700 nm to about 1 mm as taught by Daffer in order to provide a desired frequency to treat a symptom, such as carpal tunnel syndrome (Daffer, col 2, ln 4-13).
Claims 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hinojosa, Jr, Hui et al, and Archer as applied to claim 11 above, and further in view of Hildebrand et al (2003/0147241).
Regarding claim 20, modified Hinojosa discloses a spa including a plurality of light assemblies (as shown in fig 1 of Hinojosa, spa includes a plurality of second jet (16, 18) disposed at a side of the tub).
Modified Hinojosa does not disclose a first one at least one of the plurality of therapeutic light assemblies is positioned on a lower back area of the seat.
However, Hildebrand in fig 2 teaches a chromatherapy bathtub (16) (tub basin including a seat including a back rest (18) (para [0029]), wherein a one of a plurality of light assemblies (12) is positioned on a lower back area of the seat (as shown in fig 2, lens (30) of light assembly is positioned through openings in the back rest (18)) (fig 2, para [0029]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Hinojosa by providing the first one at least one of the plurality of therapeutic light assemblies positioned on a lower back area of the seat as taught by Hildebrand, as the location of a chromatherapy light assembly on a lower back area of a seat is known in the art, and it appears that the modified Hinojosa’s device would perform equally well to provide chromatherapy to a patient if a therapeutic light assembly is provided on a lower back area of a seat. See MPEP 2143(I)(A).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 DOUGLAS YOUNG SUL whose telephone number is (571)270-5260. The examiner can normally be reached on Monday-Friday 8:30 am-5 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justine Yu can be reached on 571-272-48354835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS Y SUL/Examiner, Art Unit 3785
/COLIN W STUART/Primary Examiner, Art Unit 3785