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 .
The supplemental amendment filed on October 8, 2025 has been received and considered. By this amendment, claims 1 and 21 are amended, claim 22 is added, and claims 1, 2, 5, 7, 21, and 22 are now pending in the application.
Claim Objections
Claim 1 is objected to because of the following informalities:
In line 7, the phrase “pulse attitude” should read “pulse amplitude”.
In line 15, the phrase “in contact with wound” should read “in contact with the wound”.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1, 2, 5, 7, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Chiao ‘870 (U.S. 2005/0212870, previously cited) in view of Wunderl et al. (U.S. 2021/0260394), Kalghatgi (U.S. 2015/0209595, previously cited), and Malloy (U.S. 2007/0078445). Regarding claims 1 and 22, Chiao ‘870 discloses a method for contactless delivery of pulsed electric fields to first a skin tissue (the delivery of the pulsed electric fields from the jetting nozzles is without contact between the jetting nozzles and the skin), comprising: delivering, via a delivery to the skin tissue, a series of pulsed ion streams and an electrical gradient with a plurality of jetting-nozzles, based on an operational instruction, using a hand-held pulsed electric fields device (see Abstract), the controller operable to control the pulsed electric fields delivered by the plurality of jetting nozzles (“By connecting the ring configuration 50 to a designated terminal 34 from a replaceable reservoir or cartridge 20, delivery of an electric charge through ring configuration 50 and 34 sublimates the electrostatically sprayable material into many droplets which are focused when the forward extremity of the nozzle-ring configuration 50 is brought within a predetermine distance from an earthed target to be sprayed.”, paragraph [0043]); wherein the delivering comprising supplementing natural bioelectric currents or electric fields (it is respectfully submitted that this is inherent in the delivery of the series of pulsed ion streams, as they are added to or “supplemented” to the natural bioelectric current or electric fields); wherein the jetting nozzles are not in contact with the first skin tissue during the delivery (“the forward extremity of the nozzle-ring configuration is brought within a predetermine distance from an earthed target to be sprayed”, Abstract); the hand-held pulsed electric fields device comprising: a head (top portion of device 10 shown in Figure 1), the plurality of jetting-nozzles 33 extending from the head, a ring 50 surrounding the plurality of jetting-nozzles, the ring being an annular cable mounted on the head and in concentric relation with the plurality of jetting-nozzles (see Figure 8 and paragraphs [0010] and [0043]); a grounding ring 90 surrounding the plurality of jetting-nozzles and the ring, the grounding ring extending away from the head to form a spacer and to space the jetting-nozzles away from the first skin tissue when the device is in use, the grounding ring comprising an external grounding wire 91 in communication with a grounding circuit 92 (see Figures 10 and 11 and paragraph [0045]-[0046]); a handle (bottom portion of device 10 shown in Figure 1) connecting the head, capable of being held by an operator (spraying device 10 is described as being “hand-held” and, thus, would be capable of being held by an operator); wherein, the external grounding wire is located on an outer surface of the handle and in contact with a second skin tissue of a hand of the operator when the device is in use (see Figure 12, where it is clear that when the device is held in the hand of an operator, grounding ring 91 will be in contact with a hand of the operator); and a trigger 81 on a side of the device opposite to the grounding wire (see Figure 10), the trigger operable to activate the hand-held pulsed electric fields device; the step of delivering comprising the steps of: forming an electrical gradient between the plurality of jetting-nozzles and the first skin tissue by the operator holding the handle; activating the hand-held pulsed electric fields device using the trigger; and deactivating the hand-held pulsed electric fields device using the trigger (see paragraphs [0010] and [0011]). However, while Chiao ‘870 does not disclose or describe contact between the grounding ring and the first skin tissue, Chiao ‘870 fails to explicitly disclose that the grounding ring is not in contact with the first skin tissue during the delivery of the series of pulsed ion streams. It would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the method of Chiao ‘870 such that the grounding ring is not in contact with the first skin tissue during the delivery of the series of pulsed ion streams, because Applicant has not disclosed that the grounding ring not being in contact provides an advantage, is used for a particular purpose, or solves a stated problem. It appears to be an arbitrary design consideration which fails to patentably distinguish over Chiao ‘870. Furthermore, Chiao ‘870 fails to disclose that the first skin tissue is a wound, enhancing wound healing, or that the series of pulsed electric fields are delivered to the wound without contacting the wound. Wunderl teaches a plasma device 1 for treating body surfaces that includes a handheld main body 3 that is configured to delivered pulsed ion streams to a first skin tissue comprising a wound to enhance wound healing (“Such a plasma device is used in particular for the sterilization and/or disinfection of body surfaces, in particular skin surfaces, and/or for wound treatment, wherein a non-thermal plasma generated by the plasma device has positive effects on wounds through its sterilizing/disinfecting properties, and also actively supports wound healing.”, paragraph [0002]), where the series of pulsed electric fields are delivered to the wound without contacting the wound (“Depending on the specific application of the plasma device, it is necessary to maintain a certain distance between a plasma source of the plasma device, i.e. a location where the plasma is generated, and the treatment location, in particular the skin surface and/or the wound. This therefore requires precise positioning of the plasma device vertically above the body treatment surface.”, paragraph [0002]), which allows the device to be operated very hygienically, simply, and inexpensively (see paragraph [0118]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiao ‘870 to apply the pulsed electric fields to a wound without contacting the wound, as taught by Wunderl, in order to treat and disinfect a skin surface wound and to operate the device hygienically, simply, and inexpensively.
Further, Chiao ‘870 fails to disclose receiving an operational instruction for a series of pulsed ion streams and an electrical gradient, wherein the operational instruction defines at least one of a pulse duration between 50 nanoseconds to 5000 milliseconds, a pulse frequency between 0.05 to 1000 Hz, a pulse number between 1-10,000, and a pulse amplitude of 1 to 250,000 volts. Kalghatgi teaches a method of applying a series of pulsed ion streams and an electrical gradient that includes operational instructions that define pulse duration ranging from one or more nanoseconds to one or more microseconds, pulse frequencies between a single pulse to about 5 kHz, and pulse amplitude ranges between about 100 V to about 30 kV (see paragraph [0026]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiao ‘870 in view of Wunderl to include the operational instructions that device at least one of a pulse duration between 50 nanoseconds to 5000 milliseconds, a pulse frequency between 0.05 to 1000 Hz, and a pulse amplitude of 1 to 250,000 volts, as taught by Kalghatgi, as 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. MPEP 2144.05
Chiao ‘870 further fails to disclose a multi-channel converter configured to convert digital to analog and analog to digital signals. Malloy teaches an iontophoresis device to deliver active agents to biological interfaces 18, which may be “a portion of skin, mucous membrane, gum, tooth or other tissue” (paragraph [0043]), comprising delivering a pulsed ion stream 36/40/42/50 (“ion exchange material or groups 50” and “the active agent 36, 40, 42 is an anion”, paragraph [0051]), where the device “may include additional structures, such as a digital-to-analog converter” or “the transceiver may implement a digital-to-analog conversion, if necessary or convenient” (paragraph [0085]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiao ‘870 in view of Wunderl and Kalghatgi to include a multi-channel converter configured to convert digital to analog and analog to digital signals, as taught by Malloy, as it has been held that combining prior art elements according to known methods to yield predictable results requires only routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007).
Regarding claim 2, Chiao ‘870 discloses that the jetting-nozzles and/or the ring configuration is adjustable and connected with the high voltage input, wherein limits of adjustment are such that the ring, over substantially its full range of adjustment, has its forward extremity located forwardly of the jetting-nozzles to deliver the series of pulsed ion stream and the electrical gradient (see paragraph [0010]).
Regarding claim 5, Chiao ‘870 discloses that the pulsed ion stream is in the form of an ion or an electron (the electrostatically charged spray of Chiao ‘870 provides an implicit disclosure of electrons).
Regarding claim 7, Chiao ‘870 discloses that the plurality of jetting-nozzles are focused when the forward extremity of the jetting-nozzles configuration is within a predetermined distance from a skin tissue target, and the jetting-nozzles configuration is not in direct contact with the skin tissue target (see paragraph [0010], “The arrangement is conveniently such that, in all positions of relative adjustment, spraying is focused when the forward extremity of the nozzle-ring configuration is within a certain distance from an earthed target”).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Chiao ‘870 (U.S. 2005/0212870) in view of Wunderl et al. (U.S. 2021/0260394). Chiao ‘870 discloses a method for delivery of pulsed electric fields to a first skin tissue, comprising: delivering, via a contactless delivery to the skin tissue (the delivery of the pulsed electric fields from the jetting nozzles is without contact between the jetting nozzles and the skin), a series of pulsed ion streams and an electrical gradient with a plurality of jetting-nozzles using a hand-held pulsed electric fields device (see Abstract); the hand-held pulsed electric fields device comprising: a body 10 (Figure 1), the plurality of jetting-nozzles 33 extending from the body, a ring 50 surrounding the plurality of jetting-nozzles, the ring being an annular cable mounted on the head and in concentric relation with the plurality of jetting-nozzles (see Figure 8 and paragraphs [0010] and [0043]); a grounding ring 90 surrounding the plurality of jetting-nozzles and the ring, the grounding ring extending away from the body to form a spacer and to space the jetting-nozzles away from the first skin tissue when the device is in use, the grounding ring comprising an annular cable on its outer surface in in communication with a grounding circuit 92 (see Figures 10 and 11 and paragraph [0045]-[0046]); a handle (bottom portion of device 10 shown in Figure 1); a grounding wire 91 extending on an outer surface of one side of the handle, the grounding wire electrically connected to the grounding circuit (see Figure 12); wherein the handle is able to be held by a hand of an operator when the device is in use (spraying device 10 is described as being “hand-held” and, thus, would be capable of being held by an operator); wherein the grounding wire is in contact with a second skin tissue of a hand of the operator when the device is in use (see Figure 12, where it is clear that when the device is held in the hand of an operator, grounding wire 91 will be in contact with a hand of the operator); and a trigger 81 on a side of the device opposite to the grounding wire (see Figure 10), the trigger operable to activate the hand-held pulsed electric fields device; the step of delivering comprising the steps of: forming an electrical gradient between the plurality of jetting-nozzles and the first skin tissue by the operator holding the handle, wherein the grounding wire is in contact with the second skin tissue; activating the hand-held pulsed electric fields device using the trigger; and deactivating the hand-held pulsed electric fields device using the trigger (see paragraphs [0010] and [0011]). However, while Chiao ‘870 does not disclose or describe contact between the grounding ring and the first skin tissue, Chiao ‘870 fails to explicitly disclose that the grounding ring is not in contact with the first skin tissue during the delivery of the series of pulsed ion streams. It would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the method of Chiao ‘870 such that the grounding ring is not in contact with the first skin tissue during the delivery of the series of pulsed ion streams, because Applicant has not disclosed that the grounding ring not being in contact provides an advantage, is used for a particular purpose, or solves a stated problem. It appears to be an arbitrary design consideration which fails to patentably distinguish over Chiao ‘870. Furthermore, Chiao ‘870 fails to disclose that the first skin tissue is a wound or the series of pulsed electric fields are delivered to the wound without contacting the wound. Wunderl teaches a plasma device 1 for treating body surfaces that includes a handheld main body 3 that is configured to delivered pulsed ion streams to a first skin tissue comprising a wound to enhance wound healing (“Such a plasma device is used in particular for the sterilization and/or disinfection of body surfaces, in particular skin surfaces, and/or for wound treatment, wherein a non-thermal plasma generated by the plasma device has positive effects on wounds through its sterilizing/disinfecting properties, and also actively supports wound healing.”, paragraph [0002]), where the series of pulsed electric fields are delivered to the wound without contacting the wound (“Depending on the specific application of the plasma device, it is necessary to maintain a certain distance between a plasma source of the plasma device, i.e. a location where the plasma is generated, and the treatment location, in particular the skin surface and/or the wound. This therefore requires precise positioning of the plasma device vertically above the body treatment surface.”, paragraph [0002]), which allows the device to be operated very hygienically, simply, and inexpensively (see paragraph [0118]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiao ‘870 to apply the pulsed electric fields to a wound without contacting the wound, as taught by Wunderl, in order to treat and disinfect a skin surface wound and to operate the device hygienically, simply, and inexpensively.
Claims 1, 2, 5, 7, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Chiao ‘336 (U.S. 2017/0368336) in view of Wunderl et al. (U.S. 2021/0260394), Kalghatgi (U.S. 2015/0209595, previously cited), and Malloy (U.S. 2007/0078445). Regarding claims 1 and 22, Chiao ‘336 discloses a method for contactless delivery of pulsed electric fields to first a skin tissue (the delivery of the pulsed electric fields from the jetting nozzles is without contact between the jetting nozzles and the skin), comprising: delivering, via a delivery to the skin tissue, a series of pulsed ion streams and an electrical gradient with a plurality of jetting-nozzles, based on an operational instruction, using a hand-held pulsed electric fields device (see Abstract); wherein the jetting nozzles are not in contact with the first skin tissue during the delivery (“the forward extremity of the nozzle-ring configuration is brought within a predetermine distance from an earthed target to be sprayed”, paragraph [0002]); the hand-held pulsed electric fields device comprising: a head (top portion of device 10 shown in Figure 1), the plurality of jetting-nozzles 33 extending from the head, a ring 50 surrounding the plurality of jetting-nozzles, the ring being an annular cable mounted on the head and in concentric relation with the plurality of jetting-nozzles (see Figure 6 and paragraphs [0006] and [0037]); a grounding ring 90 surrounding the plurality of jetting-nozzles and the ring, the grounding ring extending away from the head to form a spacer and to space the jetting-nozzles away from the first skin tissue when the device is in use, the grounding ring comprising an external grounding wire 91 in communication with a grounding circuit 92 (see Figures 7 and 8 and paragraphs [0039]-[0040]); a handle (bottom portion of device 10 shown in Figure 1) connecting the head, capable of being held by an operator (spraying device 10 is described as being “hand-held” and, thus, would be capable of being held by an operator); wherein, the external grounding wire is located on an outer surface of the handle and in contact with a second skin tissue of a hand of the operator when the device is in use (see Figures 10 and 14, where it is clear that when the device is held in the hand of an operator, grounding wire and circuit 92 will be in contact with a hand of the operator); and a trigger 81 on a side of the device opposite to the grounding wire (see Figures 6-9), the trigger operable to activate the hand-held pulsed electric fields device; the step of delivering comprising the steps of: forming an electrical gradient between the plurality of jetting-nozzles and the first skin tissue by the operator holding the handle; activating the hand-held pulsed electric fields device using the trigger; and deactivating the hand-held pulsed electric fields device using the trigger (see paragraphs [0006] and [0007]). However, while Chiao ‘336 does not disclose or describe contact between the grounding ring and the first skin tissue, Chiao ‘336 fails to explicitly disclose that the grounding ring is not in contact with the first skin tissue during the delivery of the series of pulsed ion streams. It would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the method of Chiao ‘336 such that the grounding ring is not in contact with the first skin tissue during the delivery of the series of pulsed ion streams, because Applicant has not disclosed that the grounding ring not being in contact provides an advantage, is used for a particular purpose, or solves a stated problem. It appears to be an arbitrary design consideration which fails to patentably distinguish over Chiao ‘336. Furthermore, Chiao ‘336 fails to disclose that the first skin tissue is a wound, enhancing wound healing, or that the series of pulsed electric fields are delivered to the wound without contacting the wound. Wunderl teaches a plasma device 1 for treating body surfaces that includes a handheld main body 3 that is configured to delivered pulsed ion streams to a first skin tissue comprising a wound to enhance wound healing (“Such a plasma device is used in particular for the sterilization and/or disinfection of body surfaces, in particular skin surfaces, and/or for wound treatment, wherein a non-thermal plasma generated by the plasma device has positive effects on wounds through its sterilizing/disinfecting properties, and also actively supports wound healing.”, paragraph [0002]), where the series of pulsed electric fields are delivered to the wound without contacting the wound (“Depending on the specific application of the plasma device, it is necessary to maintain a certain distance between a plasma source of the plasma device, i.e. a location where the plasma is generated, and the treatment location, in particular the skin surface and/or the wound. This therefore requires precise positioning of the plasma device vertically above the body treatment surface.”, paragraph [0002]), which allows the device to be operated very hygienically, simply, and inexpensively (see paragraph [0118]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiao ‘336 to apply the pulsed electric fields to a wound without contacting the wound, as taught by Wunderl, in order to treat and disinfect a skin surface wound and to operate the device hygienically, simply, and inexpensively.
Further, Chiao ‘336 fails to disclose receiving an operational instruction for a series of pulsed ion streams and an electrical gradient, wherein the operational instruction defines at least one of a pulse duration between 50 nanoseconds to 5000 milliseconds, a pulse frequency between 0.05 to 1000 Hz, a pulse number between 1-10,000, and a pulse amplitude of 1 to 250,000 volts. Kalghatgi teaches a method of applying a series of pulsed ion streams and an electrical gradient that includes operational instructions that define pulse duration ranging from one or more nanoseconds to one or more microseconds, pulse frequencies between a single pulse to about 5 kHz, and pulse amplitude ranges between about 100 V to about 30 kV (see paragraph [0026]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiao ‘336 in view of Wunderl to include the operational instructions that device at least one of a pulse duration between 50 nanoseconds to 5000 milliseconds, a pulse frequency between 0.05 to 1000 Hz, and a pulse amplitude of 1 to 250,000 volts, as taught by Kalghatgi, as 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. MPEP 2144.05
Chiao ‘336 further fails to disclose a multi-channel converter configured to convert digital to analog and analog to digital signals. Malloy teaches an iontophoresis device to deliver active agents to biological interfaces 18, which may be “a portion of skin, mucous membrane, gum, tooth or other tissue” (paragraph [0043]), comprising delivering a pulsed ion stream 36/40/42/50 (“ion exchange material or groups 50” and “the active agent 36, 40, 42 is an anion”, paragraph [0051]), where the device “may include additional structures, such as a digital-to-analog converter” or “the transceiver may implement a digital-to-analog conversion, if necessary or convenient” (paragraph [0085]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiao ‘336 in view of Wunderl and Kalghatgi to include a multi-channel converter configured to convert digital to analog and analog to digital signals, as taught by Malloy, as it has been held that combining prior art elements according to known methods to yield predictable results requires only routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007).
Regarding claim 2, Chiao ‘336 discloses that the jetting-nozzles and/or the ring configuration is adjustable and connected with the high voltage input, wherein limits of adjustment are such that the ring, over substantially its full range of adjustment, has its forward extremity located forwardly of the jetting-nozzles to deliver the series of pulsed ion stream and the electrical gradient (see paragraph [0006]).
Regarding claim 5, Chiao ‘336 discloses that the pulsed ion stream is in the form of an ion or an electron (the electrostatically charged spray of Chiao ‘336 provides an implicit disclosure of electrons).
Regarding claim 7, Chiao ‘336 discloses that the plurality of jetting-nozzles are focused when the forward extremity of the jetting-nozzles configuration is within a predetermined distance from a skin tissue target, and the jetting-nozzles configuration is not in direct contact with the skin tissue target (see paragraph [0006], “The arrangement is conveniently such that, in all positions of relative adjustment, spraying is focused when the forward extremity of the nozzle-ring configuration is within a certain distance from an earthed target”).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Chiao ‘336 (U.S. 2017/0368336) in view of Wunderl et al. (U.S. 2021/0260394). Chiao ‘336 discloses a method for delivery of pulsed electric fields to a first skin tissue, comprising: delivering, via a contactless delivery to the skin tissue (the delivery of the pulsed electric fields from the jetting nozzles is without contact between the jetting nozzles and the skin), a series of pulsed ion streams and an electrical gradient with a plurality of jetting-nozzles using a hand-held pulsed electric fields device (see Abstract); the hand-held pulsed electric fields device comprising: a body 10 (Figure 1), the plurality of jetting-nozzles 33 extending from the body, a ring 50 surrounding the plurality of jetting-nozzles, the ring being an annular cable mounted on the head and in concentric relation with the plurality of jetting-nozzles (see Figure 6 and paragraphs [0006] and [0037]); a grounding ring 90 surrounding the plurality of jetting-nozzles and the ring, the grounding ring extending away from the body to form a spacer and to space the jetting-nozzles away from the first skin tissue when the device is in use, the grounding ring comprising an annular cable on its outer surface in in communication with a grounding circuit 92 (see Figures 7 and 8 and paragraph [0039]-[0040]); a handle (bottom portion of device 10 shown in Figure 1); a grounding wire 91 extending on an outer surface of one side of the handle, the grounding wire electrically connected to the grounding circuit (see Figure 7); wherein the handle is able to be held by a hand of an operator when the device is in use (spraying device 10 is described as being “hand-held” and, thus, would be capable of being held by an operator); wherein the grounding wire is in contact with a second skin tissue of a hand of the operator when the device is in use (see Figures 10 and 14, where it is clear that when the device is held in the hand of an operator, grounding wire 91 and grounding circuit 92 will be in contact with a hand of the operator); and a trigger 81 on a side of the device opposite to the grounding wire (see Figures 10 and 14), the trigger operable to activate the hand-held pulsed electric fields device; the step of delivering comprising the steps of: forming an electrical gradient between the plurality of jetting-nozzles and the first skin tissue by the operator holding the handle, wherein the grounding wire is in contact with the second skin tissue; activating the hand-held pulsed electric fields device using the trigger; and deactivating the hand-held pulsed electric fields device using the trigger (see paragraphs [0006] and [0007]). However, while Chiao ‘336 does not disclose or describe contact between the grounding ring and the first skin tissue, Chiao ‘336 fails to explicitly disclose that the grounding ring is not in contact with the first skin tissue during the delivery of the series of pulsed ion streams. It would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the method of Chiao ‘336 such that the grounding ring is not in contact with the first skin tissue during the delivery of the series of pulsed ion streams, because Applicant has not disclosed that the grounding ring not being in contact provides an advantage, is used for a particular purpose, or solves a stated problem. It appears to be an arbitrary design consideration which fails to patentably distinguish over Chiao ‘336. Furthermore, Chiao ‘336 fails to disclose that the first skin tissue is a wound, enhancing wound healing, or that the series of pulsed electric fields are delivered to the wound without contacting the wound. Wunderl teaches a plasma device 1 for treating body surfaces that includes a handheld main body 3 that is configured to delivered pulsed ion streams to a first skin tissue comprising a wound to enhance wound healing (“Such a plasma device is used in particular for the sterilization and/or disinfection of body surfaces, in particular skin surfaces, and/or for wound treatment, wherein a non-thermal plasma generated by the plasma device has positive effects on wounds through its sterilizing/disinfecting properties, and also actively supports wound healing.”, paragraph [0002]), where the series of pulsed electric fields are delivered to the wound without contacting the wound (“Depending on the specific application of the plasma device, it is necessary to maintain a certain distance between a plasma source of the plasma device, i.e. a location where the plasma is generated, and the treatment location, in particular the skin surface and/or the wound. This therefore requires precise positioning of the plasma device vertically above the body treatment surface.”, paragraph [0002]), which allows the device to be operated very hygienically, simply, and inexpensively (see paragraph [0118]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chiao ‘336 to apply the pulsed electric fields to a wound without contacting the wound, as taught by Wunderl, in order to treat and disinfect a skin surface wound and to operate the device hygienically, simply, and inexpensively.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMMIE K MARLEN whose telephone number is (571)272-1986. The examiner can normally be reached Monday through Friday from 8 am until 4 pm.
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/TAMMIE K MARLEN/ Primary Examiner, Art Unit 3796