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 .
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 1-22 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.
The term “flexible” in claims 1 and 16 is a relative term which renders the claim indefinite. The term “flexible” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Published paragraph [0076] discloses the flexible pad 22 may include but are not limited to, for example, one or more compressible materials such as rubber, silicon, latex, polyurethane, and/or other flexible materials in various forms including but not limited to solid materials, open cell forms, closed cell foams, textiles, and/or any other form of material. Since solid materials and other form of material are included as a flexible material it is unclear as to what would limit a flexible light array pad. The examiner notes that all materials have some flexibility (deformation) and the claim does not limit the flexibility to a particular degree.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 5-7, 11, 16, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wagenaar Cacciola et al (US Publication 2013/0144364).
Referring to Claim 1, Wagenaar Cacciola et al teaches a system for therapeutic light treatment, comprising: a flexible light array pad (e.g. Figure 8, Element 800); the flexible light array pad having an upper surface and a lower surface extending between a forward edge, a rearward edge, and opposing side edges (e.g. Figure 8, upper case 808 (lower page treatment area 226) and lower 808 (top of page)); the flexible light array pad having a plurality of windows formed in the upper surface (e.g. Figure 8, window 222); a flexible light array pad having a plurality of light emitters positioned respectively in the plurality of windows (e.g. Figure 8, light emitters 806).
Referring to Claim 5, Wagenaar Cacciola et al teaches the system of claim 1, wherein the flexible light array pad includes a flexible pad and a flexible light array positioned within the flexible pad (e.g. Paragraph [0070] light transmitting element 808 is made of a flexible material, such as silicone and light array sources 806).
Referring to Claim 6, Wagenaar Cacciola et al teaches the system of claim 1, wherein the flexible light array pad includes a flexible pad and a flexible light array positioned within the flexible pad (e.g. Paragraph [0070]); wherein the flexible pad is formed of a compressible material (e.g. Paragraph [0070]).
Referring to Claim 7, Wagenaar Cacciola et al teaches the system of claim 1, wherein the flexible light array pad includes a flexible pad and a flexible light array positioned within the flexible pad (e.g. Paragraph [0070]); wherein the flexible pad is formed of a silicon material (e.g. Paragraph [0070] discloses exit window 222 is at least 90% of the area of the light transmitting element 212 that is brought in contact with the skin 224 of the treated person, the light transmitting element 212 is manufactured of a flexible light transmitting material, for example silicone and light source 806).
Referring to Claims 11 and 20, Wagenaar Cacciola et al teaches the system of claim 1, wherein the plurality of light emitters include a first set of light emitters configured to emit light in a first spectrum and a second set of light emitters configured to emit light in a second spectrum (e.g. Paragraph [0069] discloses light from the LEDs is not limited to visible light or light of a single primary color and includes infrared); wherein the second spectrum is different from the first spectrum (e.g. Paragraph [0069]).
Referring to Claim 16, Wagenaar Cacciola et al teaches a system for therapeutic light treatment, comprising: a flexible light array pad (e.g. Figure 8, Element 800); wherein the flexible light array pad includes a flexible pad and a flexible light array positioned within the flexible pad (e.g. Paragraph [0070] light transmitting element 808 is made of a flexible material, such as silicone and light array sources 806); wherein the flexible pad is formed of a compressible material and has a plurality of windows (e.g. Paragraph [0070] and Figure 8, windows 222); wherein the flexible light array has a plurality of light emitters positioned respectively in the plurality of windows (e.g. Figure 8, light emitters 806).
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.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagenaar Cacciola et al (US Publication 2013/0144364) in view of Zhao et al (US Publication 2021/0031053).
Referring to Claim 2, Wagenaar Cacciola et al teaches the system of claim 1, except wherein the plurality of windows are recessed openings having an inverted pyramidal shape. Zhao et al teaches that it is known to use recessed openings having an inverted pyramidal shape as set forth in Figures 1b-2 and Paragraph [0040] to provide control over the exit area enabling optimization of treatment area. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Wagenaar Cacciola et al, with plurality of windows are recessed openings having an inverted pyramidal shape as taught by Zhao et al, since such a modification would provide the predictable results of control over the exit area enabling optimization of treatment area.
Claim(s) 3-4, 15 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagenaar Cacciola et al (US Publication 2013/0144364) in view of Ribeiro et al (US Publication 2018/0056087).
Referring to Claim 3, Wagenaar Cacciola et al teaches the system of claim 1, except wherein the plurality of windows are recessed openings having a cone shape. Ribeiro et al teaches that it is known to use the plurality of windows are recessed openings having a cone shape as set forth in Figures 1 and 4 to provide improved efficiency and therapy by prevents light from diffusing in a direction away from the treatment area. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Wagenaar Cacciola et al, with the plurality of windows are recessed openings having a cone shape as taught by Ribeiro et al, since such a modification would provide the predictable results of improved efficiency and therapy by prevents light from diffusing in a direction away from the treatment area.
Referring to Claims 4 and 22, Wagenaar Cacciola et al teaches the claimed invention, except wherein the plurality of windows are recessed openings having angled reflective surfaces configured to direct light out from the plurality of windows.
Ribeiro et al teaches that it is known to use the plurality of windows are recessed openings having angled reflective surfaces configured to direct light out from the plurality of windows as set forth in Figures 1 and 4 and Paragraph [0037] to provide the treatment area receiving maximum exposure to the light. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Wagenaar Cacciola et al, with the plurality of windows are recessed openings having angled reflective surfaces configured to direct light out from the plurality of windows as taught by Ribeiro et al, since such a modification would provide the predictable results of the treatment area receiving maximum exposure to the light.
Referring to Claim 15, Wagenaar Cacciola et al teaches the system of claim 1, except further comprising a control system; the control system configured to control operation of the plurality of light emitters; wherein the control system is configured to adjust spectra, intensity, waveforms and/or patterns of the plurality of light emitters.
Ribeiro et al teaches that it is known to use a control system (e.g. Figure 1, Element 34); the control system configured to control operation of the plurality of light emitters (e.g. Figure 1, Element 34); wherein the control system is configured to adjust spectra, intensity, waveforms and/or patterns of the plurality of light emitters (e.g. Paragraph [0035]) to provide the setting of treatment parameters that would optimize healing of the patient. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Wagenaar Cacciola et al, with a control system; the control system configured to control operation of the plurality of light emitters; wherein the control system is configured to adjust spectra, intensity, waveforms and/or patterns of the plurality of light emitters as taught by Ribeiro et al, since such a modification would provide the predictable results of the setting of treatment parameters that would optimize healing of the patient.
Claim(s) 8-10 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagenaar Cacciola et al (US Publication 2013/0144364) in view of Medendorp, Jr. et al (US Publication 2017/0028215).
Referring to Claims 8 and 17, Wagenaar Cacciola et al teaches the claimed invention, wherein the flexible light array pad includes a flexible pad (e.g. Figure 8, Element 800) and a flexible light array positioned within the flexible pad (e.g. Paragraph [0070] light transmitting element 808 is made of a flexible material, such as silicone and light array sources 806). However, Wagenaar Cacciola et al does not explicitly disclose wherein the flexible light array has the plurality of light emitters organized into a plurality of array segments.
Medendorp, Jr. et al teaches that it is known to use wherein the flexible light array has the plurality of light emitters organized into a plurality of array segments as set forth in Figure 38 to provide arrangement of the light for therapy to the shape of the patient’s body (e.g. the scalp of a patient). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Wagenaar Cacciola et al, with wherein the flexible light array has the plurality of light emitters organized into a plurality of array segments as taught by Medendorp, Jr. et al, since such a modification would provide the predictable results of provide arrangement of the light for therapy to the shape of the patient’s body (e.g. the scalp of a patient).
Referring to Claims 9 and 18, Wagenaar Cacciola et al teaches the claimed invention, wherein the flexible light array pad includes a flexible pad (e.g. Figure 8, Element 800) and a flexible light array positioned within the flexible pad (e.g. Paragraph [0070] light transmitting element 808 is made of a flexible material, such as silicone and light array sources 806). However, Wagenaar Cacciola et al does not explicitly disclose wherein the flexible light array has the plurality of light emitters organized into a plurality of array segments; wherein the plurality of arrange segments are formed of on a single flexible circuit board.
Medendorp, Jr. et al teaches that it is known to use wherein the flexible light array has the plurality of light emitters organized into a plurality of array segments; wherein the plurality of arrange segments are formed of on a single flexible circuit board as set forth in Figure 38, flexible PCB 410 to provide arrangement of the light for therapy to the shape of the patient’s body (e.g. the scalp of a patient). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Wagenaar Cacciola et al, with w wherein the flexible light array has the plurality of light emitters organized into a plurality of array segments; wherein the plurality of arrange segments are formed of on a single flexible circuit board as taught by Medendorp, Jr. et al, since such a modification would provide the predictable results of provide arrangement of the light for therapy to the shape of the patient’s body (e.g. the scalp of a patient).
Referring to Claims 10 and 19, Wagenaar Cacciola et al teaches the claimed invention, wherein the flexible light array pad includes a flexible pad(e.g. Figure 8, Element 800) and a flexible light array positioned within the flexible pad (e.g. Paragraph [0070] light transmitting element 808 is made of a flexible material, such as silicone and light array sources 806). However, Wagenaar Cacciola et al does not explicitly disclose wherein the flexible light array has the plurality of light emitters organized into a plurality of array segments; wherein the plurality of array segments are formed of on a single flexible circuit board; wherein the flexible light array includes a plurality of rigid support members configured to provide support the plurality of array segments.
Medendorp, Jr. et al teaches that it is known to use wherein the flexible light array has the plurality of light emitters organized into a plurality of array segments; wherein the plurality of arrange segments are formed of on a single flexible circuit board; wherein the flexible light array includes a plurality of rigid support members configured to provide support the plurality of array segments as set forth in Figure 38, flexible PCB 410 and standoffs 425 to provide arrangement of the light for therapy to the shape of the patient’s body (e.g. the scalp of a patient) and to support the PCB inside a housing. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Wagenaar Cacciola et al, with w wherein the flexible light array has the plurality of light emitters organized into a plurality of array segments; wherein the plurality of arrange segments are formed of on a single flexible circuit board; wherein the flexible light array includes a plurality of rigid support members configured to provide support the plurality of array segments as taught by Medendorp, Jr. et al, since such a modification would provide the predictable results of provide arrangement of the light for therapy to the shape of the patient’s body (e.g. the scalp of a patient) and to support the PCB inside a housing.
Claim(s) 12-14 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagenaar Cacciola et al (US Publication 2013/0144364) in view of Ribeiro et al (US Publication 2018/0056087) and evidenced by Chaverri (US Publication 20240299765).
Referring to Claims 12 and 21, Wagenaar Cacciola et al teaches the claimed invention, wherein the plurality of light emitters include light from the LEDs is not limited to visible light or light of a single primary color and includes infrared. However, Wagenaar Cacciola et al does not explicitly disclose a first set of light emitters configured to emit light in a first spectrum, a second set of light emitters configured to emit light in a second spectrum, and a third set of light emitters configured to emit light in a third spectrum; wherein the first spectrum, the second spectrum and the third spectrum are mutually exclusive.
Ribeiro et al teaches that it is known to use a healing device with LED’s that are capable of tuning light wavelengths to a plurality of different wavelengths or by using single wavelength emission LEDS (e.g. Paragraph [0048]); Paragraph [0047] discloses a wavelength between 580 nm to 700 nm and infrared between 800 nm and 1400 nm to provide maximum healing effects. The examiner notes Chaverri as evidence for the light device maximizing red light, NIR and IR (e.g. Paragraphs [0033] and [0068]) to address a specific therapeutic goal, such as improving sleep quality, enhancing muscle recovery after exercise or resistance training, increasing alertness or focus, etc. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Wagenaar Cacciola et al, with a first set of light emitters configured to emit light in a first spectrum, a second set of light emitters configured to emit light in a second spectrum, and a third set of light emitters configured to emit light in a third spectrum; wherein the first spectrum, the second spectrum and the third spectrum are mutually exclusive as taught by Ribeiro et al, since such a modification would provide the predictable results of maximum healing effects.
Referring to Claim 13, Wagenaar Cacciola et al teaches the system of claim 1, except wherein the plurality of light emitters include a first set of light emitters configured to emit light in a red spectrum, a second set of light emitters configured to emit light in a near infrared spectrum, and a third set of light emitters configured to emit light in an infrared spectrum. Ribeiro et al teaches that it is known to use a healing device with LED’s that are capable of tuning light wavelengths to a plurality of different wavelengths or by using single wavelength emission LEDS (e.g. Paragraph [0048]); Paragraph [0047] discloses a wavelength between 580 nm to 700 nm and infrared between 800 nm and 1400 nm to provide maximum healing effects. The examiner notes Chaverri is evidenced for the light device maximizing red light, NIR and IR (e.g. Paragraphs [0033] and [0068]) to address a specific therapeutic goal, such as improving sleep quality, enhancing muscle recovery after exercise or resistance training, increasing alertness or focus, etc. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Wagenaar Cacciola et al, with the plurality of light emitters include a first set of light emitters configured to emit light in a red spectrum, a second set of light emitters configured to emit light in a near infrared spectrum, and a third set of light emitters configured to emit light in an infrared spectrum as taught by Ribeiro et al, since such a modification would provide the predictable results of maximum healing effects.
Referring to Claim 14, Wagenaar Cacciola et al teaches the system of claim 1, except wherein the plurality of light emitters include a first set of light emitters configured to emit light in a 630 nm spectrum, a second set of light emitters configured to emit light in a 940 nm spectrum, and a third set of light emitters configured to emit light in a 950 nm spectrum.
Ribeiro et al teaches that it is known to use a healing device with LED’s that are capable of tuning light wavelengths to a plurality of different wavelengths or by using single wavelength emission LEDS (e.g. Paragraph [0048]); Paragraph [0047] discloses a wavelength between 580 nm to 700 nm and infrared between 800 nm and 1400 nm to provide maximum healing effects. The examiner notes Chaverri as evidence for the light device maximizing red light, NIR and IR (e.g. Paragraphs [0033] and [0068]) to address a specific therapeutic goal, such as improving sleep quality, enhancing muscle recovery after exercise or resistance training, increasing alertness or focus, etc. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Wagenaar Cacciola et al, with the plurality of light emitters include a first set of light emitters configured to emit light in a 630 nm spectrum, a second set of light emitters configured to emit light in a 940 nm spectrum, and a third set of light emitters configured to emit light in a 950 nm spectrum as taught by Ribeiro et al, since such a modification would provide the predictable results of maximum healing effects.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Wagenaar Cacciola et al in view of Ribeiro et al with a first set of light emitters configured to emit light in a 630 nm spectrum, a second set of light emitters configured to emit light in a 940 nm spectrum, and a third set of light emitters configured to emit light in a 950 nm spectrum, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art [In re Aller, 105 USPQ 233] and/or since it has been held that a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ (Please see MPEP 2144.05).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park (US Publication 2016/0279437) discloses an LED pad contained inside a silicon case.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William J Levicky whose telephone number is (571)270-3983. The examiner can normally be reached Monday-Thursday 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571)270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/William J Levicky/Primary Examiner, Art Unit 3796
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