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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`
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`14/239,296
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`02/18/2014
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`Yoshiteru II
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`P45257
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`1912
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`GREENELUMMERNSTEIN,REC. —
`1950 ROLAND CLARKE PLACE
`STEINBERG, AMANDAL
`RESTON, VA 20191
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`ART UNIT
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`PAPER NUIVIBER
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`3769
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`NOTIFICATION DATE
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`DELIVERY MODE
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`01/04/2016
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`gbpatent @ gbpatent.c0m
`greenblumbernsteinplc @ gmail.c0m
`
`PTOL—90A (Rev. 04/07)
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`

`

`
`Application No.
`Applicant(s)
`
` 14/239,296 H ET AL
`Office ACtion summary
`Examiner
`Art Unit
`AIA (First Inventor to File)
`
`
`StatusNo AMANDA STEINBERG 3769
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
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`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed on 2/18/2014.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`2a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`1) E Notice of References Cited (PTO-892)
`3) I] Interview Summary (PTO-413)
`.
`.
`Paper No(s)/Mai| Date.
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 5/19/2014. 4) D Other: —-
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`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20151214
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`Disposition of Claims*
`5)|XI Claim(s) M is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s M is/are rejected.
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`is/are objected to.
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`) )
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`_
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`are subject to restriction and/or election requirement.
`9)|:l Claim(s
`)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`://\W/w.usnto. ov/ atents/init events/i
`h/index.‘s
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`, or send an inquiry to PF"eredback-{c‘buspto.qov.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 2/18/2014 is/are: a)lZl accepted or b)|:l objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
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`b)I:I Some” c)I:I None of the:
`a)le All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attach ment(s)
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`
`
`

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`Application/Control Number: 14/239,296
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`Art Unit: 3769
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`Page 2
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`DETAILED ACTION
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`The present application is being examined under the pre-AlA first to invent provisions.
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`Claim Objections
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`Claim 11 is objected to because of the following informalities:
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`the limitation “the affected part
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`resisting area" is recited in line 8 of the claim. There is insufficient antecedent basis for this limitation.
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`Appropriate correction is required. For the purpose of examination, this limitation will be interpreted as
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`“the affected part resting area.”
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`Claim 12 is objected to because of the following informalities:
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`the limitation "the diseased part
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`resting area" is recited in line 2 of the claim. There is insufficient antecedent basis for this limitation.
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`Appropriate correction is required. For the purpose of examination, this limitation will be interpreted as
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`“the affected part resting area.”
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`Claim 14 is objected to because of the following informalities: “there through" is recited in line 2
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`of the claim. Appropriate correction is required.
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`Claim Rejections - 35 USC § 1 12
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`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.
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`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.
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`Claims 15 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter
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`which the inventor or a joint inventor, or for pre-AlA the applicant regards as the invention.
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`Regarding claims 15 and 16, the claims recite the limitation: “a surface light source disposed so
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`as to face a second surface that is a surface opposite to the first surface." This limitation renders the
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`claims indefinite as it is not clear whether or not two distinct light sources are positively recited in the
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`claims. A single omni-directional light source inside of a housing faces a plurality of surfaces, Le. a lamp
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`having a lamp-shade. For the purposes of examination, this limitation will be interpreted as “a second
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`

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`Application/Control Number: 14/239,296
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`Art Unit: 3769
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`Page 3
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`surface light source disposed so as to face a second surface that is a surface opposite to the first
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`surface.”
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(b) the invention was patented or described in a printed publication in this or a foreign country
`or in public use or on sale in this country, more than one year prior to the date of application
`for patent in the United States.
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`Claims 11-13 and 17-19 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by
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`Chambers, (U.S. Patent 2,673,402,) hereinafter referred to as Chambers.
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`Regarding claim 11, Chambers teaches a phototherapy apparatus comprising:
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`a sheet-like member (16) including a first surface (18) on which an affected part is to be rested;
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`and
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`a surface light source (25) configured to apply light toward the sheet-like member (Fig. 3),
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`wherein an affected part resting area (4) that defines a position where the affected part is rested
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`(6, 10) is set in a part of the first surface (Fig. 1 and 2), and
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`a plurality of grooves (20) are provided in the affected part resting area by forming thereon
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`irregularities (Fig. 2).
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`Regarding claim 12, Chambers teaches the phototherapy apparatus according to claim 11,
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`wherein the surface light source (25) is disposed at a position where light is applied toward the affected
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`part resting area (Fig. 3).
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`Regarding claim 13, Chambers teaches the phototherapy apparatus according to claim 12,
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`wherein the surface light source (25) is configured so that a light density in the affected part resting area
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`is higher than a light density in an area of the first surface other than the affected part resting area (this is
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`considered to be intended use; the device of Chambers is capable of such use and in fact directs light
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`specifically to the nails, col. 4, lines 24-29).
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`

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`Application/Control Number: 14/239,296
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`Art Unit: 3769
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`Page 4
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`Regarding claim 17, Chambers teaches the phototherapy apparatus according to claim 11,
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`further comprising a cooling fan (11) configured to cool the affected part rested on the first surface (col. 3,
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`lines 33-36),
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`wherein the plurality of grooves are configured so as to pass air from the cooling fan therethrough
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`(col. 3, lines 1926),.
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`Regarding claim 18, Chambers teaches the phototherapy apparatus according to claim 11,
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`wherein the surface light source (25) emits light with a main wavelength in an infrared wavelength range
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`(col. 4, lines 36-41).
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`Regarding claim 19, Chambers teaches the phototherapy apparatus according to claim 11,
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`wherein the phototherapy apparatus is configured to treat an affected part of a patient suffering from
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`rheumatoid arthritis (this is considered to be intended use; the device of Chambers is capable of such
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`use).
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
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`This application currently names joint inventors. In considering patentability of the claims under
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`pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was
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`commonly owned at the time any inventions covered therein were made absent any evidence to the
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`contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention
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`dates of each claim that was not commonly owned at the time a later invention was made in order for the
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`examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e),
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`(f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
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`

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`Application/Control Number: 14/239,296
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`Art Unit: 3769
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`Page 5
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`Claims 14-16 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chambers
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`in view of Porter et al. (U.S. PGPUB 2007/0260296,) hereinafter referred to as Porter.
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`Regarding claim 14, Chambers teaches the phototherapy apparatus according to claim 11.
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`Chambers does not teach wherein the sheet-like member is made of a material that transmits light
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`therethrough.
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`Attention is brought to the Porter reference, which teaches a phototherapy bed, comprising a
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`sheet-like member (3), wherein the sheet-like member (3) is made of a material that transmits light
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`therethrough (1i[0047]).
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`It would have been obvious to one having ordinary skill in the art at the time of invention to modify
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`the device of chambers to include the light-transmitting support surface of Porter to allow light to be
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`transmitted to every surface of the intended target, (Porter 1i[0047]).
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`Regarding claim 15, Chambers teaches the phototherapy apparatus according to claim 11.
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`Chambers does not teach wherein the surface light source includes a second surface light source
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`disposed so as to face a second surface that is a surface opposite to the first surface.
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`Attention is brought to the Porter reference, which teaches a phototheraphy bed, comprising a
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`surface light source (8) facing a first surface (13), and a second surface light source (8) disposed so as to
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`face a second surface (15) that is a surface opposite to the first surface (Fig. 2).
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`It would have been obvious to one having ordinary skill in the art at the time of invention to modify
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`the device of chambers to include the light-transmitting support surface of Porter to allow light to be
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`transmitted to every surface of the intended target, (Porter 1i[0032]).
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`Regarding claim 16, Chambers teaches the phototherapy apparatus according to claim 11.
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`Chambers does not teach wherein the surface light source includes a surface light source disposed so as
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`to face the first surface, and a surface light source disposed so as to face a second surface that is a
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`surface opposite to the first surface.
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`Attention is brought to the Porter reference, which teaches a phototheraphy bed, comprising a
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`surface light source (8) facing a first surface (13), and a second surface light source (8) disposed so as to
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`face a second surface (15) that is a surface opposite to the first surface (Fig. 2).
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`