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 .
DETAILED ACTION
This is a Non-final Office Action for application number 18/971,940 LIGHT THERAPY DEVICE STAND filed on 12/6/2024. Claims 1-10 are pending.
Information Disclosure Statement
The information disclosure statement submitted on 4/2/2025, 1/7/2026 and 5/14/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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 1-10 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.
Claim 1 recites the limitation "the base" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 4, recites, that the “first extension arm is positioned horizontally”, however the first extension arm is vertical. The second extension arm is horizontal.
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.
Claims 1, 2 and 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Publication No. 2015/0053829 to Lu and in view of United States Patent Publication No. 2022/0016435 to Pfiffner.
With regards to claim 1, Lu teaches a device (10) having a
[AltContent: arrow][AltContent: arrow]table mount
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that is configured to engage a flat structure; a first extension arm
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that is connected to the base;
[AltContent: arrow]a second extension arm
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that is connected to the first extension arm in an orthogonal manner; an adjustable arm assembly (12, 14, 16, 18) that is connected to the second extension arm; and
[AltContent: arrow]a panel attachment assembly
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that is connected to a distal end of the adjustable arm assembly, wherein the panel attachment assembly is configured to receive the back surface of a load/flat panel display (See 0030), however does not specifically teach that the load is a light therapy device.
Pfiffner teaches a light therapy device (10), and it would be obvious that the device may be attached to a stand as the light device is a similar size and shape to a flat panel display.
With regards to claim 2, Lu teaches wherein the base includes a
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, and a bracket
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for engaging the flat structure.
[AltContent: arrow]With regards to claim 5, Lu teaches wherein the second extension arm includes a rotating joint
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along the first end.
With regards to claim 6, Lu teaches wherein the second extension arm is configured to rotate 360 degrees relative to the first extension arm. (See Figure 1)
With regards to claim 7, Lu teaches wherein the adjustable arm assembly is connected to a second end of the second extension arm, and the adjustable arm assembly is configured to transition between a fully raised position and a fully lowered position. (See Figure 1)
With regards to claim 8, Lu teaches wherein the panel attachment assembly includes a bracket having a pair of mounting plates for engaging the back surface of the light therapy device. (See Figure 2)
[AltContent: arrow]With regards to claim 9, Lu teaches a plurality of holes
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that are positioned along each of the pair of mounting plates, and each of the plurality of holes including a location that it would be obvious to be complementary to a location of a threaded mounting aperture on the back surface of the light therapy device.
With regards to claim 10, Lu teaches wherein the panel attachment assembly is hingedly connected to the adjustable arm assembly. (See Figure 7 at 34)
Allowable Subject Matter
Claims 3 and 4 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.
With regards to claim 3, the prior art does not teach wherein the first extension arm includes a flange along a first end, and the flange is removably connected to the bracket.
Cited References
PN 2016/0016001 to Loupis et al. shows a light therapy device and stand
PN 8,469,323 to Deros shows a stand
PN 2021/0388943 to Miura shows a stand
Conclusion
Any inquiry concerning this communication should be directed to Amy J. Sterling at telephone number 571-272-6823 or to Supervisor Jonathan Liu at 571-272-8227 if the examiner cannot be reached. The examiner can normally be reached (Mon-Fri 8am-5:00pm). The fax machine number for the Technology center is 571-273-8300 (formal amendments), informal amendments or communications 571-273-6823. Any inquiry of a general nature or relating to the status of this application should be directed to the Technology Center receptionist at 571-272-3600.
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/AMY J. STERLING/Primary Examiner, Art Unit 3631 6/8/26
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