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 .
The preliminary amendment filed 12/22/2025 has been entered.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 3/23/2026 is/are being considered by the examiner.
Claim Objections
Claim(s) 2 and 12 is/are objected to because of the following informalities:
Claim 2 recites the numerals “264”, “254”, “256”, “260”, “262”, “268” which should be removed.
Claim 2 recites the limitation “the environment” which should be changed to “an environment” for antecedent basis.
Claim 2 recites the limitation “the vicinity” which should be changed to “a vicinity” for antecedent basis.
Claim 12 recites the limitation “the season” which should be changed to “a season” for antecedent basis.
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 2-19 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 in the preamble recites “A therapeutic lighting and digital health system” implying a structure with electronic components. The claims further recite elements “a light”, “a screen”, “a touch screen”, “one or more sensors”, “a camera”, “a processor”, “a time reference device”, “a transceiver”, and “a control point”. The claims do not further distinguish as to how the recited elements are structurally related to each other therefore rendering the claim indefinite. It is unclear as to what components are part of the lighting system versus the digital health system or if they are the same. The examiner respectfully requests additional clarification of how the structure is related to each other.
Claim 3 recites “at least one of the sensors detects activation patterns” which is unclear since claim 2 already recites “one or more sensors wherein: … detects activation patterns”. It is unclear if the applicant intends for “at least one of the sensors” refers to the one or more sensors of claim 2 or another sensor that is capable of activation patterns. The examiner is interpreting “at least one of the sensors” as at least one of the one or more sensors”.
Claim 9 recites “a microphone” and it is unclear as to how the microphone is related to the claimed structure of claim 2.
Claim 14 recites “an amplifier” and it is unclear as to how the amplifier is related to the claimed structure of claim 2.
Claims 4-8, 10-13 and 15-19 are rejected since they are dependent upon claim 2.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 recites “wherein at least one of the sensors detects activation patterns” which is already cited in claim 2 line 9 and therefore fails to further limit the claims. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 2-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. (US 2023/0041557) (hereinafter Lee).
Claim 2: As best understood, Lee discloses a therapeutic lighting and digital health system comprising: a light (2307, fig. 23), having an emitted wavelength of between 480 and 490nm (460 nm – 480 nm, see para [0090]); a screen (touchscreen, see para [0072]) for producing an image wherein the screen comprises a touch screen (touchscreen, see para [0072]); one or more sensors (2311, fig. 23) wherein: at least one of the sensors (2311) collects ambient environmental data relating to the environment (detects ambient environmental characteristics, see para [0097]) surrounding a user; at least one of the sensors (2311) measures ambient environmental data (see para [0097]) that may affect the user’s health or behavior; and detects activation patterns (see para [0097]) and at least one of the one or more sensors is a camera (camera, see para [0132] and [0145]); a processor (2341, fig. 23), wherein the processor comprises a tablet (tablet, see para [0129]) and analyzes data received from at least one of the sensors using algorithmic analysis (analyzed data, see para [0126]) and wherein data from the camera is analyzed to determine movement (motion activated, see para [0087])in the vicinity of the digital health system; a time reference device (2304, fig. 23), wherein the time reference device comprises a real time clock (real time clock 2304, fig. 23) which enables the digital health system to determine time of day; a transceiver (communication module 2306, fig. 23), wherein the transceiver is configured to send data and to receive data (transmit or receive packets, data, see para [0119]) from a centralized source (2345, fig. 23) through wireless signal transmission (wireless modem, see para [0119]); and a control point (2303, fig. 23) for controlling the digital health system through touch control (touchscreen, see para [0116]).
Claim 3: As best understood, Lee discloses at least one of the sensors detects activation patterns (activated by a motion, see para [0087]) (detects ambient environmental characteristics, see para [[0097])
Claim 4: Lee discloses at least one of the sensors comprises a lux meter (light sensor, see para [0071]).
Claim 5: Lee discloses at least one of the sensors comprises a temperature sensor (thermal sensor, see para [0071]).
Claim 6: Lee discloses the tablet (tablet, see para [0129]) comprises a graphics tablet (GUI, see para [0125]).
Claim 7: Lee discloses the processor (2341, fig. 23) analyzes data received from at least one of the sensors (2311) using machine learning (machine learning, see para [0111]).
Claim 8: Lee discloses the processor (2341) analyzes data received from at least one of the sensors (2311) using threshold analysis (given threshold, see para [0087]) (time threshold, see para [0144]).
Claim 9: As best understood, Lee discloses the digital health system further comprises a microphone (microphone, see para [0068]).
Claim 10: Lee discloses the microphone (microphone, see para [0068]) is adapted to measure sound intensity (detect crying or other sounds from the room, see para [0077]) in the environment surrounding the digital health system.
Claim 11: Lee discloses the microphone (microphone, see para [0087]) produces an output capable of controlling the digital health system (see para [0087]).
Claim 12: Lee discloses the time reference device (2304, fig. 23) determines the season (clock capable of determining season depending on region).
Claim 13: Lee discloses the centralized source (2345, fig. 23) is a circadian data platform (platform such as Munchkin, see para [0112]).
Claim 14: As best understood, Lee discloses an audio amplifier (speaker, see para [0078]) (play music, white noise, pink noise, for soothing, see para [0072]).
Claim 15: Lee discloses the audio amplifier (speaker, see para [0078]) comprises a noise machine (play music, white noise, pink noise, for soothing, see para [0072]).
Claim 16: Lee discloses the noise machine (speaker, see para [0078]) is adapted to emit soothing sounds (play music, white noise, pink noise, for soothing, see para [0072]).
Claim 17: Lee discloses the noise machine (speaker, see para [0078]) is adapted to emit nature sounds (play music, white noise, pink noise, for soothing, see para [0072]).
Claim 18: Lee discloses the touch control is adapted to turn the digital health system on or off (see para [0078]) (one touch on/off/routine activation, see para [0144]).
Claim 19: Lee discloses the touch control is adapted to brighten or dim the light (LED dial controls the intensity, see para [0081]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Proud (US 2016/0183870), Thompson (US 2013/0249410), Cooper et al. (US 2005/0174777) all disclose a similar lighting and digital system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENG B SONG whose telephone number is (571)272-9402. The examiner can normally be reached Monday-Friday: 9AM - 5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached at 571-272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZHENG SONG/ Primary Examiner, Art Unit 2875
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