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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Element 100 is mentioned in para. 0018. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Fig. 1, element 106. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 Objections
Claims 1, 3-4, 7, 10, -14 are objected to because of the following informalities:
Claim 1, line 4, reads “main body integral with the handle structure”. Examiner suggests the line read as “main body configured to be coupled to the handle structure” should it meet the intended scope of the claim.
Claim 1, line 15 and 16, reads “the plurality of silicon fingers” should read “the plurality of flexible silicon fingers”.
Claim 3, line 2, reads “the end portions thereof form” should read “the end portion of each of the plurality of flexible silicon fingers form”.
Claim 4, line 1, reads “the flexible silicon fingers” should read “the plurality of flexible silicon fingers”.
Claim 4, line 2, reads “the light sources” should read “the light source”.
Claim 7, line 2, reads “the power source” should read “the rechargeable power source”.
Claim 7, line 2-3, reads “the controller configured” should read “the controller is configured”.
Claim 10, line 1, reads “the power switch” should read “the switch”.
Claim 10, line 3, reads “each mode” should read “each of the plurality of operating modes”.
Claim 11, line 2, reads “so as to have two” should read “to have two”.
Claim 13, line 1, reads “button are all coupled”. Examiner suggests the line read as “button are configured to be coupled” should it meet the intended scope of the claim.
Claim 14, line 3, reads “by hand of the user” should read “by a hand of the user”.
Claim 14, line 8, reads “sources contained within” should read “sources are contained within”.
Claim 14, line 17, reads “sources to control” should read “sources, configured to control”.
Claim 14, lines 22, 24, and 26, read “plurality of silicon fingers” should read “plurality of flexible silicone fingers”.
Claim 14, line 26, reads “fingers creates” should read “fingers create”.
Examiner suggests adding a coma after each claim number, such as “The therapy device of claim 1, wherein”.
Appropriate correction is required.
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 2, 7-13, and 16-17 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 2 recites the limitation "therapeutic light source" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claims 7-9 and 11 have the same deficiencies.
Claim 7 recites the limitation “light signals” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Dependent claims 8-9 inherit the same discrepancies.
Claim 12 recites the limitation “therapy” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation “therapy end” and “button” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation “plurality of therapeutic light sources” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Dependent claim 17 inherits the same discrepancies.
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.
Claims 1-10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Gourgouliatos et al. (US 20080172112 A1), hereinafter Gourgouliatos and in view of Adam et al. (US 20070217199 A1), hereinafter Adam, and in further view of Jeong (US 20200093945 A1), hereinafter Jeong, and Verheem (US 20210001148 A1).
Regarding claim 1, Gourgouliatos teaches a therapy device (Fig. 1, element 100 – therapeutic device) for providing beneficial treatment to a user's skin (para. 0011 (phototherapy delivery device for effective treatment of inflammatory dermatoses such as psoriasis in hair bearing areas of the skin such as the scalp and scrotum), 0084 (treatment of areas of the skin)), the therapy device comprising:
a housing (abstract (phototherapy apparatus is disclosed including: a handpiece including a body member and a grip)) having a handle structure at a first end (Fig. 1, element 13 – grip) configured to be easily graspable by a hand of the user (para. 0061 (lower end of the body can form a grip 13 for comfortable handling)), the housing further having a main body (Fig. 1, element 11 – body member) integral with the handle structure, the main body further having an opening at a second end opposite the first end (abstract see Fig. 10 below);
a light source contained within the main body (Fig. 2a, element 21, para. 0029 (light source includes at least one of the group of: a lamp, a light emitting diode)) and positioned adjacent to the opening (see Fig. 10 below) and configured to produce a therapeutic light signal (para. 0063 (light for the treatment can be provided by a short arc discharge lamp but also by a Light Emitting Diode));
a power source contained within the housing and operatively coupled to the light source to selectively provide power thereto (para. 0061 (body member 11 encloses the power supply, electrical and electronic elements to power the lamp)).
a transparent therapy end coupled to the main body adjacent the opening in the housing (see Fig. 10 below), the transparent therapy end allowing the therapeutic light signal to pass therethrough (abstract (the light coupled into each of the light transmitting elements is transmitted along the element and emitted from the distal end)),
the transparent therapy end having a transparent base portion (para. 0065 (in front of the fiber bundle 26, light concentrating elements 29 can be placed such as hollow or solid made out of transparent material)) and a plurality of flexible silicon fingers (Fig. 1, element 12 – optical fibers) coupled thereto,
the plurality of silicon fingers (para. 0061 (plurality of light transporting elements), 0070 (outer jacket of the light transporting elements can be… silicone)) further configured to allow the therapeutic light signal to pass therethrough and exit from an end portion of each of the plurality of silicon fingers (abstract (the light coupled into each of the light transmitting elements is transmitted along the element and emitted from the distal end), Fig. 4, element 41 – distal tips, para. 0072 (tips can be made of materials that allow light transmission)).
Gourgouliatos does not teach a rechargeable power source, a charging coil positioned within the handle structure and operatively coupled to the rechargeable power source; and wherein the housing further comprises a magnetic coupling element configured to cooperate with a related magnetic mounting structure thereby allowing the therapy device to be removably coupled to a support surface and which can be removed via a removal force from the user, and wherein the therapy device is waterproof thus allowing for operation in a wet environment.
Adam teaches a therapy device for providing beneficial treatment to a user's skin (para. 0034 (light-based dermal enhancing apparatus may be used to provide light-based skin treatments to users)), the therapy device comprising:
a rechargeable power source (Fig. 5, element 144 – rechargeable battery power supply) contained within the housing (Fig. 5, element 136 – battery sub-assembly) to selectively provide power thereto (Fig. 6);
a charging coil (Fig. 5, element 148 – inductive recharging coil) positioned within a handle structure (Fig. 1, element 116 – lower portion of housing) and operatively coupled to the rechargeable power source (para. 0047 (148 is provided for recharging the battery power supply and includes the recharging coil for inductive recharging of the battery from an external power source));
and wherein the housing is configured to cooperate with a related mounting structure (Fig. 14, element 178 – charging base) thereby allowing the therapy device to be removably coupled to a support surface (Fig. 14, element 190 – cavity) and which can be removed via a removal force from the user (para. 0097 (user may then remove the dermal apparatus from the charging base to prepare it for the light treatment)).
Adam does not teach wherein the housing further comprises a magnetic coupling element configured to cooperate with a related magnetic mounting structure and wherein the therapy device is waterproof thus allowing for operation in a wet environment.
Jeong teaches a device (Fig. 1, element 1 – skin care device) wherein a housing further comprises a magnetic coupling element (para. 0022 (body part may include a body part magnetic material)) configured to cooperate with a related magnetic mounting structure (Fig. 2, element 4 – cradle, para. 0022 (cradle may include a cradle magnetic material having a polarity different from a polarity of the body part magnetic material)) thereby allowing the therapy device to be removably coupled to a support surface and which can be removed via a removal force from the user (para. 0051 (lower portion of the main body 2 may be inserted into the cradle), 0020 (skin care device may further include a cradle mounted at the other end of the body part and configured to supply power for charging the battery)).
Jeong does not teach wherein the therapy device is waterproof thus allowing for operation in a wet environment.
Verheem teaches a therapy device (Fig. 1) and wherein the therapy device is waterproof thus allowing for operation in a wet environment (para. 0025 (entire device may be waterproof)).
Gourgouliatos teaches a power source enclosed in the main housing of the device, but is silent on whether the power source is rechargeable. Adam teaches a rechargeable power source (Fig. 5, element 144). Gourgouliatos, Adam, Jeong, and Verheem are all considered to be analogous to the claimed invention because they are in the same field of light therapy devices comprising LEDs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teachings of Adam listed and provide a rechargeable power source. Doing so improves the device to prevent replacement of the power source.
Gourgouliatos teaches a wire for an external power source, if the power source is not located within the main housing (Fig. 1, element 14). Adam teaches an inductive coil within the handle structure, and a mounting structure that is able to support and charge the device (para. 0047). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teachings of Adam listed and provide an inductive coil, and a mounting structure for a user to place the device. Doing so enhances the user charging experience, by having a structure that is able to hold the device when not in use, as well as charge it.
However, Adam does not teach that the housing of the therapy device and the mounting structure contain a magnetic element. Jeong teaches a device comprising a magnetic element that is able to interact with another magnetic element from a mounting structure (para. 0022). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos (in view of Adam) to incorporate the teachings of Jeong listed and provide a magnetic element in the housing and the mounting structure. Doing so establishes stronger support and connection between the two structures, thus preventing the device from disconnecting.
Although, Gourgouliatos is silent on the device being waterproof, Gourgouliatos teaches that adding oils and water to the scalp during a treatment session using the device may reduce the specular reflection at the scalp surface (para. 0087). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teachings of Verheem listed above and provide a waterproof device. Doing so provides protection of the internal components within the housing, when the device is used in wet environments.
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Fig. 10 annotated from Gourgouliatos
Regarding claim 2, Gourgouliatos (in view of Adam, Jeong, and Verheem) teaches the therapy device of claim 1. Gourgouliatos teaches wherein the therapeutic light source has a wavelength between 200 nm and 1400 nm (para. 0027 (light transmitting elements has a spectral range within the range of 280 nm to 320 nm, within the range of 308 nm to 320 nm, or within the range of 320 nm to 380 nm)).
Regarding claim 3, Gourgouliatos (in view of Adam, Jeong, and Verheem) teaches the therapy device of claim 1 wherein the plurality of flexible silicon fingers (Fig. 1, element 12 – optical fibers) are configured such that the end portions thereof form a discontinuous massaging surface (para. 0071 (distal tips 41 of the light transporting elements can be arranged on a straight line if a single row or on a plane if an array)) capable of simultaneously massaging a portion of the user's skin and providing light therapy thereto (para. 0084 (Fibers can be positioned so that the distal tips are pressed gently through such encumbrances to contact the scalp during use)).
Regarding claim 4, Gourgouliatos (in view of Adam, Jeong, and Verheem) teaches the therapy device of claim 1 wherein the flexible silicon fingers provide a predetermined spacing between the user's skin and the light sources (para. 0069 (the length of the light transporting elements is reasonable for combing action while maintaining skin contact and is typically in the range of 0.5 to 2.5 inches)).
Regarding claim 5, Gourgouliatos (in view of Adam, Jeong, and Verheem) teaches the therapy device of claim 1 wherein the transparent therapy end (see Fig. 10 above) further comprises a window member covering the opening and situated between the light source and the plurality of flexible silicon fingers (para. 0075 (a transparent window can be placed on the top of the bundle)).
Regarding claim 6, Gourgouliatos (in view of Adam, Jeong, and Verheem) teaches the therapy device of claim 1 further comprising a power button at the first end (Fig. 3 on/off button can be seen) configured to operably cooperate with a switch (Fig. 3, element 37 – input elements).
Regarding claim 7, Gourgouliatos (in view of Adam, Jeong, and Verheem) teaches the therapy device of claim 6 further comprising a controller operatively coupled to the therapeutic light source, and the power source, and the switch (para. 0034 (a control unit in communication with one or more of: the light source… control unit is in communication with a power supply)), the controller configured to control the light signals produced by the therapeutic light source (para. 0034 (control unit configured to control the power supplied to the light source to adjust the duration or intensity of light coupled into the light transmitting elements)).
Gourgouliatos does not teach the controller operatively coupled to the charging coil and to control the charging of the rechargeable power source.
Adam teaches a controller operatively coupled to the charging coil and the switch and to control the charging of the rechargeable power source (para. 0078 (processor 152 may also monitor the battery charge state as well as control charging of the battery (e.g., via battery control module 1814))).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teachings of Adam listed above and provide the controller configured to control the charging of the power source. Doing so allows the processor to ensure that the battery is charging correctly, and indicate a possible visual indication, to alert the user if the device is not charging (Adam, para. 0078).
Regarding claim 8, Gourgouliatos (in view of Adam, Jeong, and Verheem) teaches the therapy device of claim 7 wherein the switch and the controller are configured to allow a user to vary the light signal being produced by the therapeutic light source (para. 0034 (control unit configured to control the power supplied to the light source to adjust the duration or intensity of light coupled into the light transmitting elements), 0068 (Typically the controls that set the treatment are located on the light source. In the embodiment of FIG. 3 the controls are embodied in the device body for convenience to the user. Specifically, therapeutic device body member 11 can include control module 35 with display 36 and input elements 37)).
Regarding claim 9, Gourgouliatos (in view of Adam and Jeong) teaches the therapy device of claim 8 wherein the therapeutic light source is capable of producing the light signal at a wavelength between 200 nm and 1400 nm (para. 0027 (light transmitting elements has a spectral range within the range of 280 nm to 320 nm, within the range of 308 nm to 320 nm, or within the range of 320 nm to 380 nm)).
Regarding claim 10, Gourgouliatos (in view of Adam, Jeong, and Verheem) teaches the therapy device of claim 7. Gourgouliatos teaches a power switch configured to send a level signal to the controller (para. 0034 (control unit configured to control the power supplied to the light source to adjust the duration or intensity of light coupled into the light transmitting elements), 0068 (Typically the controls that set the treatment are located on the light source. In the embodiment of FIG. 3 the controls are embodied in the device body for convenience to the user. Specifically, therapeutic device body member 11 can include control module 35 with display 36 and input elements 37)).
Gourgouliatos does not teach wherein the power switch is a multi-push switch configured to send a level signal to the controller, thereby allowing the controller to toggle between a plurality of operating modes, with each mode providing a light signal having a different wavelength.
Adam teaches wherein the power switch (Fig. 1, element 106 – control actuator) is a multi-push switch configured to send a level signal to the controller, thereby allowing the controller to toggle between a plurality of operating modes (para. 0078 (processor 152 may monitor (through actuator control module 1802) the actuation or actuation sequence of the control actuator 106 (e.g., monitor the sequence of button depressions by a user) in order to determine which treatment mode the user is selecting)) with each mode providing a light signal having a different wavelength (para. 0098-0100 (Successive depressions of the button can rotate the device through a plurality of states including… state 1 Irradiation using a first wavelength (e.g., a red light treatment) … state 2: Irradiation using a second wavelength (e.g., a IR light)).
Although Gourgouliatos teaches that the control unit controls the intensity of the light source, Gourgouliatos does not teach changing a mode providing a light signal having a different wavelength (para. 0034). However, Adam teaches that the processor is able to determine what mode the user is selecting based on the control actuator (para. 0078). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teachings of Adam listed and provide a mode providing a light signal having a different wavelength. Doing so enhances the phototherapy device by providing a wider range of wavelengths for treatment, since Gourgouliatos teaches that the device can be applied to a user’s skin (para. 0084).
Regarding claim 12, Gourgouliatos (in view of Adam, Jeong, and Verheem) teaches the therapy device of claim 1. Gourgouliatos does not teach wherein the housing and therapy are formed from over-molding, thus causing the therapy device to be waterproof.
Verheem teaches wherein the housing and therapy are formed from over-molding, thus causing the therapy device to be waterproof (para. 0019 (the features of the presently disclosed solution may be economically molded or assembled by using one or more distinct parts and associated components which may be assembled together for removable or integral application)).
It would have been obvious to one of ordinary skill in the art at the time the claimed invention was made to over-mold components of a device to make it waterproof, as taught by Verheem above, since it has been held by the courts that patentability of a product does not depend on its method of production. If the product in the product-by-process claim is disclosed, or suggested, by the Prior Art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 13, Gourgouliatos (in view of Adam, Jeong, and Verheem) teaches the therapy device of claim 1. Gourgouliatos does not teach wherein the housing, therapy end and button are all coupled to one another using a watertight seal.
Verheem teaches wherein the housing, therapy end and button are all coupled to one another using a watertight seal (para. 0019 (the features of the presently disclosed solution may be economically molded or assembled by using one or more distinct parts and associated components which may be assembled together for removable or integral application)).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teachings of Verheem listed and provide a water tight seal. Doing so ensures that the components are configured in a way that ensures the device is waterproof.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Gourgouliatos (in view of Adam, Jeong, Verheem), and in further view of Altshuler et al. (US 20070038206 A1), hereinafter Altshuler.
Regarding claim 11, Gourgouliatos (in view of Adam, Jeong, and Verheem) teaches the therapy device of claim 10. Gourgouliatos does not teach wherein the therapeutic light source is configured to simultaneously produce the light signal so as to have two different wavelengths.
Altshuler teaches a therapy device (Fig. 1, element 100 – photocosmetic device), comprising a light source (Fig. 5, element 530 – LED dies), that is configured to simultaneously produce the light signal so as to have two different wavelengths (para. 0180 (capable of treating tissue with light of multiple wavelengths, multiple light sources could be used in a single device, to provide light at the various desired wavelengths… LED dies that emit light at two or more different wavelengths… controlling some or all of the LED dies at one wavelength independently or in combination with LED dies that emit light at other wavelengths)).
Gourgouliatos, Adam, Jeong, Verheem, and Altshuler are all considered to be analogous to the claimed invention because they are in the same field of emitting light from light sources, such as LEDs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teachings of Altshuler and provide a light source configured simultaneously produce the light signal so as to have two different wavelengths. Doing so may permit concurrent treatment for a condition at different depths in the skin.
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gourgouliatos and in view of Adam and in further view of Verheem.
Regarding claim 14, Gourgouliatos teaches a therapy device (Fig. 1, element 100 – therapeutic device) for providing light therapy to a desired treatment area of a user’s skin, (para. 0011 (phototherapy delivery device for effective treatment of inflammatory dermatoses such as psoriasis in hair bearing areas of the skin such as the scalp and scrotum), 0084 (treatment of areas of the skin)), the therapy device comprising:
a housing (abstract (phototherapy apparatus is disclosed including: a handpiece including a body member and a grip)) having a handle structure at a first end (Fig. 1, element 13 – grip) configured to be easily graspable by hand of the user (para. 0061 (lower end of the body can form a grip 13 for comfortable handling)) with a control button positioned upon an upper surface of the first end (Fig. 3, element 37 – input elements, para. 0068 (body member 11 can include control module 35 with display 36 and input elements 37)),
the housing further having a main body coupled with the handle structure via neck portion (Fig. 1, element 11 – body member), the main body further having an opening at a second end opposite the first end (see Fig. 10 above);
a light source (Fig. 2a, element 21, para. 0029 (light source includes at least one of the group of: a lamp, a light emitting diode)) configured to produce a therapeutic light signal (para. 0063 (light for the treatment can be provided by a short arc discharge lamp but also by a Light Emitting Diode)), the light source contained within the main body and positioned adjacent to the opening in the main body (see Fig. 10 above);
a power source contained within the housing and operatively coupled to the light (para. 0061 (body member 11 encloses the power supply, electrical and electronic elements to power the lamp));
a controller operatively coupled to the power source, and the light source to control operation of the therapy device (para. 0034 (control unit configured to control the power supplied to the light source to adjust the duration or intensity of light coupled into the light transmitting elements), 0068 (Typically the controls that set the treatment are located on the light source. In the embodiment of FIG. 3 the controls are embodied in the device body for convenience to the user. Specifically, therapeutic device body member 11 can include control module 35 with display 36 and input elements 37));
a transparent therapy end coupled to the main body adjacent the opening in the housing (see Fig. 10 above), the transparent therapy end allowing the therapeutic light signal to pass therethrough (abstract (the light coupled into each of the light transmitting elements is transmitted along the element and emitted from the distal end)),
the transparent therapy end having a transparent base portion (para. 0065 (in front of the fiber bundle 26, light concentrating elements 29 can be placed such as hollow or solid made out of transparent material)) and a plurality of flexible silicon fingers (Fig. 1, element 12 – optical fibers) coupled thereto,
the plurality of silicon fingers (para. 0061 (plurality of light transporting elements), 0007 (outer jacket of the light transporting elements can be… silicone)) further having a predetermined length (para. 0069 (the length of the light transporting elements is reasonable for combing action while maintaining skin contact and is typically in the range of 0.5 to 2.5 inches)) and being configured to allow the therapeutic light signal to pass therethrough and exit from an end portion of each of the plurality of silicon fingers (abstract (the light coupled into each of the light transmitting elements is transmitted along the element and emitted from the distal end), Fig. 4, element 41 – distal tips, para. 0072 (tips can be made of materials that allow light transmission)),
wherein the end portions of the plurality of silicon fingers creates a discontinuous treatment surface that can be positioned adjacent the desired treatment area (para. 0071 (distal tips 41 of the light transporting elements can be arranged on a straight line if a single row or on a plane if an array)), and the length of the plurality of silicon fingers creates a desired separation between the desired treatment area and the plurality of light sources (para. 0069 (the length of the light transporting elements is reasonable for combing action while maintaining skin contact)).
Gourgouliatos does not teach a waterproof therapy device, a plurality of light sources, a rechargeable power source, a charging coil contained within the handle structure and operatively coupled to the rechargeable power source; a switch contained within the housing and positioned adjacent to the control button so that operating the control button causes interaction with the switch; a controller contained within the handle structure and operatively coupled to the switch, the charging coil and the plurality of light sources to control operation of the therapy device.
Adam teaches a therapy device for providing light therapy to a desired treatment area of a user's skin (para. 0034 (light-based dermal enhancing apparatus may be used to provide light-based skin treatments to users)), the therapy device comprising:
a control button (Fig. 1, element 106 – control actuator);
a plurality of light sources (Fig. 20, element 156 – treatment light sources) configured to produce a therapeutic light signal (para. 0050 (156 (e.g., LEDs) may be operated via a light source driver 158 under the control of the microprocessor 150. When activated, the light source driver 158 can cause the illumination of one or more of treatment light sources 156));
a rechargeable power source (Fig. 5, element 144 – rechargeable batter power supply) contained within the housing (Fig. 5, element 136 – battery sub-assembly) and operatively coupled to the plurality of light sources (Fig. 6);
a charging coil (Fig. 5, element 148 – inductive recharging coil) contained within the handle structure (Fig. 1, element 116 – lower portion of housing) and operatively coupled to the rechargeable power source (para. 0047 (148 is provided for recharging the battery power supply and includes the recharging coil for inductive recharging of the battery from an external power source));
a switch contained within the housing and positioned adjacent to the control button so that operating the control button causes interaction with the switch (Fig. 1, element 32 -PCB, para. 0044 (a main printed circuit board (PCB) 132 containing at least a portion of the circuitry for controlling and operating the dermal apparatus 100 and to which other components can be mounted), 0050 (156 (e.g., LEDs) may be operated via a light source driver 158 ("LED driver") under the control of the microprocessor 150. When activated, the light source driver 158 can cause the illumination of treatment light sources));
a controller (Fig. 6, element 150 – microprocessor) contained within the handle structure (para. 0044 (a main printed circuit board (PCB) 132 containing at least a portion of the circuitry for controlling and operating the dermal apparatus 100 and to which other components can be mounted)) and operatively coupled to the switch, the power source, the charging coil and the plurality of light sources to control operation of the therapy device (para. 0048 (Control actuator 106 permits manual control of the microprocessor 150 and thereby can be used to control operation of the other components via the microprocessor 150), Fig. 6&7).
Adam does not teach a waterproof device.
Gourgouliatos, Adam, and Verheem are all considered to be analogous to the claimed invention because they are in the same field of emitting light from light sources, such as LEDs. Gourgouliatos teaches that the light source may be an LED (para. 0029). Adam teaches a plurality of light sources that are LEDs (para. 0050). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teaches of Adam listed and provide a plurality of light sources. Doing so optimizes the device by emitting wavelengths from more than one light source, thereby improving phototherapy to the user’s skin.
Gourgouliatos teaches a power source enclosed in the main housing of the device, but is silent on whether the power source is rechargeable. Adam teaches a rechargeable power source (Fig. 5, element 144). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teachings of Adam listed and provide a rechargeable power source. Doing so improves the device to prevent replacement of the power source.
Gourgouliatos teaches a wire for an external power source, if the power source is not located within the main housing (Fig. 1, element 14). Adam teaches an inductive charging coil (para. 0047). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teachings of Adam listed and provide an inductive coil. Doing so enhances the power source by allowing it to be recharged through a charging coil, as opposed to removing the power source and replacing it.
Although Gourgouliatos teaches a control button, Gourgouliatos does not explicitly disclose a switch that is within the housing that is adjacent to it. However, Adam teaches a control button that interacts with a switch within the housing (para. 0050). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos’ control button to incorporate the teachings of Adam listed above, and provide a switch contained within the housing and positioned adjacent to the control button so that operating the control button causes interaction with the switch. Doing so is a predictable use of a known arrangement of having a switch adjacent to the controller, allowing electrical current to flow into the device for the controller to use.
Similarly, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos’ controller to incorporate the teachings of Adam above, and provide a controller contained within the handle structure and operatively coupled to the switch, the charging coil and the plurality of light sources to control operation of the therapy device. Doing so allows the controller to be in a convenient location for housing the control circuitry associated to operate the device.
It also would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teaches of Verheem listed above and provide a waterproof therapy device. Doing so provides protection of the internal components within the housing, when the device is used in wet environments.
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Gourgouliatos in view of Adam and in further view of Verheem and Jeong.
Regarding claim 15, Gourgouliatos (in view of Adam and Verheem), teaches the waterproof therapy device of claim 14. Gourgouliatos does not teach wherein the housing further comprises a magnetic coupling element configured to cooperate with a related magnetic mounting structure thereby allowing the therapy device to be removably coupled to a support surface and which can be removed via a removal force from the user.
Adam teaches wherein the housing is configured to cooperate with a related mounting structure (Fig. 14, element 178 – charging base) thereby allowing the therapy device to be removably coupled to a support surface (Fig. 14, element 190 – cavity) and which can be removed via a removal force from the user (para. 0097 (user may then remove the dermal apparatus from the charging base to prepare it for the light treatment)).
Jeong teaches a device (Fig. 1, element 1 – skin care device) wherein a housing further comprises a magnetic coupling element (para. 0022 (body part may include a body part magnetic material)) configured to cooperate with a related magnetic mounting structure (Fig. 2, element 4 – cradle, para. 0022 (cradle may include a cradle magnetic material having a polarity different from a polarity of the body part magnetic material)) thereby allowing the therapy device to be removably coupled to a support surface and which can be removed via a removal force from the user (para. 0051 (lower portion of the main body 2 may be inserted into the cradle), 0020 (skin care device may further include a cradle mounted at the other end of the body part and configured to supply power for charging the battery)).
Gourgouliatos (in view of Adam) does not teach that the housing of the therapy device and the mounting structure contain a magnetic element. However, Jeong teaches a device comprising a magnetic element that is able to interact with another magnetic element from a mounting structure (para. 0022). Gourgouliatos, Adam, Verheem, and Jeong are all considered to be analogous to the claimed invention because they are in the same field of emitting light from light sources, such as LEDs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos (in view of Adam) to incorporate the teachings of Jeong listed and provide a magnetic element in the housing and the mounting structure. Doing so establishes stronger support and connection between the two structures, thus preventing the device from disconnecting.
Regarding claim 16, Gourgouliatos (in view of Adam, Verheem, and Jeong) teaches the waterproof therapy device of claim 15 wherein the plurality of therapeutic light sources operate at a wavelength between 200 nm and 1400 nm (para. 0027 (light transmitting elements has a spectral range within the range of 280 nm to 320 nm, within the range of 308 nm to 320 nm, or within the range of 320 nm to 380 nm)).
Regarding claim 17, Gourgouliatos (in view of Adam, Verheem, and Jeong) teaches the waterproof therapy device of claim 16.
Gourgouliatos does not teach wherein a first group of the plurality of therapeutic light sources operate at a first wavelength and a second group of the plurality of therapeutic light sources operate at a second wavelength.
Adam teaches wherein a first group of the plurality of therapeutic light sources operate at a first wavelength and a second group of the plurality of therapeutic light sources operate at a second wavelength. (para. 0009 (In a further embodiment, the plurality of LEDs may include at least one LED capable of emitting infrared), 0056 (The color and specific wavelength of each treatment light source 156 can depend of the particular treatment properties of a given light wavelength. For example, in one embodiment for providing a revitalizing skin treatment, the treatment light sources 156 may comprise two infrared (IR) light sources and a red light source (e.g., two IR LEDs and one red light LED))).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gourgouliatos to incorporate the teachings of Adam listed above and provide a plurality of light sources that operate at different wavelengths within a specified group. Doing so improves the versatility of the device by providing a wider range of wavelengths for treatment, since Gourgouliatos teaches that the device can be applied to a user’s skin (para. 0084).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant' s disclosure. Kim (US 20130117950 A1) is another example of a waterproof phototherapy device that has double injection molds.
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/EILEEN ROBLES/Examiner, Art Unit 3792 /William J Levicky/ Primary Examiner, Art Unit 3796
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