Prosecution Insights
Last updated: August 18, 2026
Application No. 16/944,588

SYSTEMS AND METHODS THAT FACILITATE TATTOO REMOVAL

Non-Final OA §103
Filed
Jul 31, 2020
Priority
Jan 13, 2016 — provisional 62/278,014 +3 more
Examiner
PATEL, SHEFALI DILIP
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
THE GENERAL HOSPITAL Corporation
OA Round
5 (Non-Final)
58%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
434 granted / 745 resolved
-11.7% vs TC avg
Strong +28% interview lift
Without
With
+27.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
53 currently pending
Career history
806
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
43.0%
+3.0% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
28.9%
-11.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 745 resolved cases

Office Action

§103
CTNF 16/944,588 CTNF 84263 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Continued Examination Under 37 CFR 1.114 07-42-04 AIA A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 13, 2026 , has been entered. Acknowledgments In the reply, filed on May 13, 2026, Applicant amended claim 21. Applicant added new claim 24. In the final rejection of December 17, 2025, Examiner objected to claim 21. Applicant amended claim 21. Objection is withdrawn. Examiner rejected claims 12 and 15-21 under 35 U.S.C. 112(a). Applicant argued: paragraph [0036] explains that "leftover pigment particles 14a, when exposed to the pressure...can be forced to move from the dermis toward the subcutaneous region." These passages demonstrate that application of downward pressure at the skin surface produces fluid flow directed into the tissue, thereby moving pigment particles from the more superficial dermis to the deeper subcutaneous region. Accordingly, the specification reasonably conveys possession of the claimed subject matter (Remarks, page 6). Rejection is withdrawn. Currently, claims 12, 15-21, and 24 are under examination. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 12, 15-21, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Garibyan et al (US 2018/0311079), and further in view of Vangipuram et al (Accelerated tattoo removal with acoustic shock wave therapy in conjunction with a picosecond laser) . In regards to claim 12, Garibyan et al teaches a system (Figures 2A-2B) comprising: a pressure application device configured to apply a pressure to a patient's skin to move a first portion of freed pigment particles (Figure 2A)(paragraph [0035]: The center chamber (channel formation device 16) allows… pressure (x) (shown in FIG. 2B) to flow… After a time, pressure (+) is forced into the chamber and pushes down on to the skin causing movement of the ink particles) after a procedure that frees the pigment particles of a tattoo from cells (paragraph [0030]: After a single laser removal treatment, thousands of microscopic tattoo particles (e.g., exogenous particles) are released from cells in the dermis of the skin) wherein the first portion of the freed pigment particles become less visible (paragraph [0056]: any residual tattoo particles remaining after laser therapy are less visible) a fluid delivery device configured to deliver a fluid into the patient's skin to suspend the pigment particles after the pigment particles have been freed from the tattoo in the fluid beneath a surface of the patient's skin, wherein the fluid delivery device includes one or more first conduits for delivering the fluid into the patient's skin (Figure 2A)(paragraph [0035]: Small conduits (fluid conduit 14) can enter the skin and pressurized fluid could pass through them) a fluid removal device configured to facilitate removal of the fluid and a second portion of the pigment particles from the patient's skin, wherein the fluid removal device includes one or more second conduits configured to form one or more channels in the patient's skin (Figure 2A)(paragraph [0035]: The center chamber (channel formation device 16) allows alternating suction (o)… to flow such that when suction is on, the skin is pulled into the chamber and small conduits pierces the skin and allows suction (o) within the skin to occur, simultaneously causing fluid flow through) Garibyan et al does not teach the pressure application device configured to “generate a fluid flow in a direction pointing deeper into the patient’s skin to move a first portion of freed pigment particles after a procedure that frees the pigment particles of a tattoo from cells along the direction of the fluid flow to move the freed pigment particles deeper within the patient's skin”, wherein the first portion of the freed pigment particles become less visible “as a result of being pushed deeper within the patient’s skin”. Vangipuram et al teaches a system comprising: a pressure application device (page 891: acoustic shock wave therapy (ASWT) using the Zwave device (Zimmer Medizin Systems; Irvine, CA)) configured to apply a pressure (page 891: shock wave) to a patient's skin and generate a fluid flow in a direction pointing deeper into the patient’s skin to move a first portion of freed pigment particles (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser) after a procedure that frees the pigment particles of a tattoo from cells (page 891: A picosecond-domain 1,064-nm Nd:YAG laser (PicoWay; Syneron Candela, Wayland, MA) was used to treat the patient. Three milliliters of 1% lidocaine with 1:100.00 epinephrine and sodium bicarbonate were injected into the treatment area prior to each laser treatment. The black tattoo ink was first treated at 1,064 nm with a 4-mm spot size, a fluence of 2.8 J/cm 2 , and a laser repetition rate of 2 Hz. Two passes with the perfluorodecalin (PFD) patch (Merz; Raleigh, NC) with a total of 59 pulses were applied)(page 892: dermal pigment vacuoles produced by the picosecond laser) along the direction of the fluid flow to move the freed pigment particles deeper within the patient's skin (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser)(Figure 1D)(page 892: At 7-week follow-up after the third treatment session, the black tattoo showed 80% clearance of the medial portion of the tattoo), wherein the first portion of the freed pigment particles become less visible as a result of being pushed deeper within the patient’s skin (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser)(Figure 1D)(page 892: At 7-week follow-up after the third treatment session, the black tattoo showed 80% clearance of the medial portion of the tattoo). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pressure application device configured to apply the pressure to the patient's skin, of the system of Garibyan et al, to also generate a fluid flow in a direction pointing deeper into the patient’s skin to move a first portion of freed pigment particles after a procedure that frees the pigment particles of a tattoo from cells along the direction of the fluid flow to move the freed pigment particles deeper within the patient's skin, wherein the first portion of the freed pigment particles become less visible as a result of being pushed deeper within the patient’s skin, as taught by Vangipuram et al, as such will result in a decrease in epidermal side effects of erythema, edema, and crusting (page 892: The decrease in epidermal side effects of erythema, edema, and crusting on the side treated with ASWT may be a result of increased microcirculation and lymphatic drainage). In regards to claim 15, in the modified system of Garibyan et al and Vangipuram et al, Garibyan et al teaches wherein the pressure is a positive pressure (paragraph [0043]: positive pressure). In regards to claim 16, in the modified system of Garibyan et al and Vangipuram et al, Garibyan et al does not state wherein the pressure applied to the patient's skin includes an oscillating pressure; however, as Garibyan et al teaches wherein the pressure applied to the patient's skin is provided as a shock wave (paragraph [0054]: shock wave), and it is known that a shock wave “is when lots of energy comes from a very small spot and shakes the material around it. The energy makes the material around the spot move very quickly, and very hard. This is a special type of vibration” (Shock wave: https://simple.wikipedia.org/wiki/Shock_wave) and vibration “is a mechanical phenomenon whereby oscillations occur about an equilibrium point” (Vibration: https://en.wikipedia.org/wiki/Vibration), it is understood that the pressure applied to the patient's skin, in Garibyan et al, includes an oscillating pressure. In regards to claim 17, in the modified system of Garibyan et al and Vangipuram et al, Garibyan et al does not state wherein the oscillating pressure oscillates between a positive pressure and a negative pressure; however, as Garibyan et al teaches wherein the pressure applied to the patient's skin is provided as a shock wave (paragraph [0054]: shock wave), and it is known that a shock wave “is when lots of energy comes from a very small spot and shakes the material around it. The energy makes the material around the spot move very quickly, and very hard. This is a special type of vibration” (Shock wave: https://simple.wikipedia.org/wiki/Shock_wave) and vibration “is a mechanical phenomenon whereby oscillations occur about an equilibrium point” (Vibration: https://en.wikipedia.org/wiki/Vibration), and “shock waves are characterized by a single, mostly positive pressure pulse followed by a comparatively small tensile wave component (negative pressure pulse) (Fig. 2)” (What are shock waves? Physics and Technology: https://www.storzmedical.com/en/physics-and-technology), it is understood that the oscillating pressure, of Garibyan et al, oscillates between a positive pressure and a negative pressure. In regards to claim 18, in the modified system of Garibyan et al and Vangipuram et al, Garibyan et al does not state wherein the oscillating pressure comprises a negative pressure; however, as Garibyan et al teaches wherein the pressure applied to the patient's skin is provided as a shock wave (paragraph [0054]: shock wave), and it is known that a shock wave “is when lots of energy comes from a very small spot and shakes the material around it. The energy makes the material around the spot move very quickly, and very hard. This is a special type of vibration” (Shock wave: https://simple.wikipedia.org/wiki/Shock_wave) and vibration “is a mechanical phenomenon whereby oscillations occur about an equilibrium point” (Vibration: https://en.wikipedia.org/wiki/Vibration), and “shock waves are characterized by a single, mostly positive pressure pulse followed by a comparatively small tensile wave component (negative pressure pulse) (Fig. 2)” (What are shock waves? Physics and Technology: https://www.storzmedical.com/en/physics-and-technology), it is understood that the oscillating pressure, of Garibyan et al, comprises a negative pressure. In regards to claim 19, in the modified system of Garibyan et al and Vangipuram et al, Garibyan et al teaches wherein the pressure applied to the patient's skin includes a vibration (paragraph [0054]: vibration). In regards to claim 20, in the modified system of Garibyan et al and Vangipuram et al, Garibyan et al teaches wherein the pressure application device is embodied in a wearable device (Figure 2A)(paragraph [0035]: wearable device). In regards to claim 21, in the modified system of Garibyan et al and Vangipuram et al, Garibyan et al does not teach wherein the first portion of the freed pigment particles move from a dermis into a subcutaneous tissue of the patient's skin after applying the pressure. Vangipuram et al teaches wherein the first portion of the freed pigment particles move from a dermis into a subcutaneous tissue of the patient's skin after the applying of the pressure (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the first portion of the freed pigment particles, of the modified system of Garibyan et al and Vangipuram et al, to move from a dermis into a subcutaneous tissue of the patient's skin after applying the pressure, as taught by Vangipuram et al, as such will result in a decrease in epidermal side effects of erythema, edema, and crusting (page 892: The decrease in epidermal side effects of erythema, edema, and crusting on the side treated with ASWT may be a result of increased microcirculation and lymphatic drainage). In regards to claim 24, Garibyan et al teaches a system (Figures 2A-2B) comprising: a pressure application device configured to apply a pressure to a patient's skin to move a first portion of freed pigment particles not washed away by a lymphatic system of the patient (Figure 2A)(paragraph [0035]: The center chamber (channel formation device 16) allows… pressure (x) (shown in FIG. 2B) to flow… After a time, pressure (+) is forced into the chamber and pushes down on to the skin causing movement of the ink particles)(paragraph [0030]: While some of the exogenous particles are washed away by the patient's lymphatic system, other exogenous particles remain in the skin) after a procedure that frees the pigment particles of a tattoo from cells (paragraph [0030]: After a single laser removal treatment, thousands of microscopic tattoo particles (e.g., exogenous particles) are released from cells in the dermis of the skin) wherein the first portion of the freed pigment particles become less visible (paragraph [0056]: any residual tattoo particles remaining after laser therapy are less visible) a fluid delivery device configured to deliver a fluid into the patient's skin to suspend a second portion of the freed pigment particles not washed away by the lymphatic system of the patient in the fluid beneath a surface of the patient's skin, wherein the fluid delivery device includes one or more first conduits for delivering the fluid into the patient's skin (Figure 2A)(paragraph [0035]: Small conduits (fluid conduit 14) can enter the skin and pressurized fluid could pass through them) a fluid removal device configured to facilitate removal of the fluid and the second portion of the pigment particles from the patient's skin, wherein the fluid removal device includes one or more second conduits configured to form one or more channels in the patient's skin (Figure 2A)(paragraph [0035]: The center chamber (channel formation device 16) allows alternating suction (o)… to flow such that when suction is on, the skin is pulled into the chamber and small conduits pierces the skin and allows suction (o) within the skin to occur, simultaneously causing fluid flow through) Garibyan et al does not teach the pressure application device configured to “generate a fluid flow in a direction into the patient's skin to move a first portion of freed pigment particles not washed away by a lymphatic system of the patient after a procedure that frees the pigment particles of a tattoo from cells along the direction of the fluid flow to move the freed pigment particles into a subcutaneous region of the patient's skin”, wherein the first portion of the freed pigment particles become less visible “as a result of residing within the subcutaneous region of the patient's skin”. Vangipuram et al teaches a system comprising: a pressure application device (page 891: acoustic shock wave therapy (ASWT) using the Zwave device (Zimmer Medizin Systems; Irvine, CA)) configured to apply a pressure (page 891: shock wave) to a patient's skin and generate a fluid flow in a direction into the patient’s skin to move a first portion of freed pigment particles (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser) not washed away by a lymphatic system of the patient after a procedure that frees the pigment particles of a tattoo from cells (page 891: A picosecond-domain 1,064-nm Nd:YAG laser (PicoWay; Syneron Candela, Wayland, MA) was used to treat the patient. Three milliliters of 1% lidocaine with 1:100.00 epinephrine and sodium bicarbonate were injected into the treatment area prior to each laser treatment. The black tattoo ink was first treated at 1,064 nm with a 4-mm spot size, a fluence of 2.8 J/cm 2 , and a laser repetition rate of 2 Hz. Two passes with the perfluorodecalin (PFD) patch (Merz; Raleigh, NC) with a total of 59 pulses were applied)(page 892: dermal pigment vacuoles produced by the picosecond laser) along the direction of the fluid flow to move the freed pigment particles into a subcutaneous region of the patient's skin (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser)(Figure 1D)(page 892: At 7-week follow-up after the third treatment session, the black tattoo showed 80% clearance of the medial portion of the tattoo), wherein the first portion of the freed pigment particles become less visible as a result of residing within the subcutaneous region of the patient's skin (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser)(Figure 1D)(page 892: At 7-week follow-up after the third treatment session, the black tattoo showed 80% clearance of the medial portion of the tattoo). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pressure application device configured to apply the pressure to the patient's skin, of the system of Garibyan et al, to also generate a fluid flow in a direction into the patient's skin to move a first portion of freed pigment particles not washed away by a lymphatic system of the patient after a procedure that frees the pigment particles of a tattoo from cells along the direction of the fluid flow to move the freed pigment particles into a subcutaneous region of the patient's skin, wherein the first portion of the freed pigment particles become less visible as a result of residing within the subcutaneous region of the patient's skin, as taught by Vangipuram et al, as such will result in a decrease in epidermal side effects of erythema, edema, and crusting (page 892: The decrease in epidermal side effects of erythema, edema, and crusting on the side treated with ASWT may be a result of increased microcirculation and lymphatic drainage) . Response to Arguments 07-37 AIA Applicant's arguments filed May 13, 2026 , have been fully considered but they are not persuasive : In regards to claim 12, Applicant argued: With respect to the independent claim 12, Applicant respectfully disagrees with the rejection based on Garibyan and Vangipuram. First, it is noted that Garibyan provides a single approach for tattoo removal or lightening, while the instant claims provide a dual approach. In Garibyan, only a dermal lavage is performed to remove ink particles from the skin after laser therapy, as cited by the office in paragraph [0056]. Garibyan does not provide a teaching for the remaining ink particles that are not removed by the dermal lavage. In contrast, the instant application provides (i) a dermal lavage to remove a portion of the freed ink particles and (ii) applies a pressure to move the remaining portion of the freed ink particles deeper into the tissue. Thus, the instant application adds an additional step to further minimize a tattoo's visibility over Garibyan (Remarks, page 7). Examiner disagrees. In the combination of Garibyan et al and Vangipuram et al, Garibyan et al teaches a pressure application device configured to apply a pressure to a patient's skin to move a first portion of freed pigment particles (Figure 2A)(paragraph [0035]: The center chamber (channel formation device 16) allows… pressure (x) (shown in FIG. 2B) to flow… After a time, pressure (+) is forced into the chamber and pushes down on to the skin causing movement of the ink particles) after a procedure that frees the pigment particles of a tattoo from cells (paragraph [0030]: After a single laser removal treatment, thousands of microscopic tattoo particles (e.g., exogenous particles) are released from cells in the dermis of the skin), and Vangipuram et al renders obvious a pressure application device (page 891: acoustic shock wave therapy (ASWT) using the Zwave device (Zimmer Medizin Systems; Irvine, CA)) configured to apply a pressure (page 891: shock wave) to a patient's skin and generate a fluid flow in a direction pointing deeper into the patient’s skin to move a first portion of freed pigment particles (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser) after a procedure that frees the pigment particles of a tattoo from cells (page 891: A picosecond-domain 1,064-nm Nd:YAG laser (PicoWay; Syneron Candela, Wayland, MA) was used to treat the patient. Three milliliters of 1% lidocaine with 1:100.00 epinephrine and sodium bicarbonate were injected into the treatment area prior to each laser treatment. The black tattoo ink was first treated at 1,064 nm with a 4-mm spot size, a fluence of 2.8 J/cm 2 , and a laser repetition rate of 2 Hz. Two passes with the perfluorodecalin (PFD) patch (Merz; Raleigh, NC) with a total of 59 pulses were applied)(page 892: dermal pigment vacuoles produced by the picosecond laser) along the direction of the fluid flow to move the freed pigment particles deeper within the patient's skin (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser)(Figure 1D)(page 892: At 7-week follow-up after the third treatment session, the black tattoo showed 80% clearance of the medial portion of the tattoo). In regards to claim 12, Applicant argued: Second, The Office relies on Vangipuram's acoustic shock wave therapy (ASWT) as allegedly teaching generation of fluid flow. Applicant respectfully disagrees. In the present application, the applied pressure directly induces fluid flow within the tissue that transports pigment particles along a defined direction. By contrast, Vangipuram describes ASWT as enhancing lymphatic drainage, which is an indirect physiological effect. Vangipuram does not disclose or suggest a direct, pressure-induced fluid transport within the tissue as claimed (Remarks, page 7). Examiner disagrees. First, the claim does not require a “direct”, pressure-induced fluid transport within the tissue, as argued by Applicant. Second, Vangipuram et al renders obvious a pressure application device (page 891: acoustic shock wave therapy (ASWT) using the Zwave device (Zimmer Medizin Systems; Irvine, CA)) configured to apply a pressure (page 891: shock wave) to a patient's skin and generate a fluid flow in a direction pointing deeper into the patient’s skin to move a first portion of freed pigment particles (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser) after a procedure that frees the pigment particles of a tattoo from cells (page 891: A picosecond-domain 1,064-nm Nd:YAG laser (PicoWay; Syneron Candela, Wayland, MA) was used to treat the patient. Three milliliters of 1% lidocaine with 1:100.00 epinephrine and sodium bicarbonate were injected into the treatment area prior to each laser treatment. The black tattoo ink was first treated at 1,064 nm with a 4-mm spot size, a fluence of 2.8 J/cm 2 , and a laser repetition rate of 2 Hz. Two passes with the perfluorodecalin (PFD) patch (Merz; Raleigh, NC) with a total of 59 pulses were applied)(page 892: dermal pigment vacuoles produced by the picosecond laser) along the direction of the fluid flow to move the freed pigment particles deeper within the patient's skin (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser)(Figure 1D)(page 892: At 7-week follow-up after the third treatment session, the black tattoo showed 80% clearance of the medial portion of the tattoo). In regards to claim 12, Applicant argued: Moreover, as noted in paragraph [0032] of the present application, certain particles are not removed by lymphatic processes. Accordingly, even if ASWT enhances lymphatic drainage as taught by Vangipuram, it would not address these residual particles (Remarks, page 7). Examiner disagrees. Vangipuram et al renders obvious a pressure application device (page 891: acoustic shock wave therapy (ASWT) using the Zwave device (Zimmer Medizin Systems; Irvine, CA)) configured to apply a pressure (page 891: shock wave) to a patient's skin and generate a fluid flow in a direction pointing deeper into the patient’s skin to move a first portion of freed pigment particles (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser) after a procedure that frees the pigment particles of a tattoo from cells (page 891: A picosecond-domain 1,064-nm Nd:YAG laser (PicoWay; Syneron Candela, Wayland, MA) was used to treat the patient. Three milliliters of 1% lidocaine with 1:100.00 epinephrine and sodium bicarbonate were injected into the treatment area prior to each laser treatment. The black tattoo ink was first treated at 1,064 nm with a 4-mm spot size, a fluence of 2.8 J/cm 2 , and a laser repetition rate of 2 Hz. Two passes with the perfluorodecalin (PFD) patch (Merz; Raleigh, NC) with a total of 59 pulses were applied)(page 892: dermal pigment vacuoles produced by the picosecond laser) along the direction of the fluid flow to move the freed pigment particles deeper within the patient's skin (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser)(Figure 1D)(page 892: At 7-week follow-up after the third treatment session, the black tattoo showed 80% clearance of the medial portion of the tattoo). In regards to claim 12, Applicant argued: Third, the Office's characterization of ASWT as pushing pigment particles deeper into the tissue is inconsistent with Garibyan's own disclosure. Garibyan teaches that mechanical forces such as vibration or shock waves are used to "break up attachment of the exogenous particles from the surrounding tissue and make the particles more mobile" (paragraph [0042]). Thus, Garibyan describes shock waves as facilitating mobilization for removal and not as inducing directional transport deeper into tissue. Therefore, according to Vangipuram, Garibyan, and the inventor declaration (dated Oct. 20, 2025), Vangipuram's ASWT applied to Garibyan does not suggest the claimed mechanism of directing particles into the tissue via pressure-induced fluid flow (Remarks, pages 7-8). Examiner disagrees. Vangipuram et al renders obvious a pressure application device (page 891: acoustic shock wave therapy (ASWT) using the Zwave device (Zimmer Medizin Systems; Irvine, CA)) configured to apply a pressure (page 891: shock wave) to a patient's skin and generate a fluid flow in a direction pointing deeper into the patient’s skin to move a first portion of freed pigment particles (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser) after a procedure that frees the pigment particles of a tattoo from cells (page 891: A picosecond-domain 1,064-nm Nd:YAG laser (PicoWay; Syneron Candela, Wayland, MA) was used to treat the patient. Three milliliters of 1% lidocaine with 1:100.00 epinephrine and sodium bicarbonate were injected into the treatment area prior to each laser treatment. The black tattoo ink was first treated at 1,064 nm with a 4-mm spot size, a fluence of 2.8 J/cm 2 , and a laser repetition rate of 2 Hz. Two passes with the perfluorodecalin (PFD) patch (Merz; Raleigh, NC) with a total of 59 pulses were applied)(page 892: dermal pigment vacuoles produced by the picosecond laser) along the direction of the fluid flow to move the freed pigment particles deeper within the patient's skin (page 892: AWST may enhance tattoo clearance by increasing lymphatic drainage… thereby accelerating the clearance of dermal pigment vacuoles produced by the picosecond laser)(Figure 1D)(page 892: At 7-week follow-up after the third treatment session, the black tattoo showed 80% clearance of the medial portion of the tattoo). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEFALI D PATEL whose telephone number is (571)270-3645. The examiner can normally be reached Monday-Friday 8:30am-4:30pm EST. 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, Kevin C Sirmons can be reached at (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SHEFALI D PATEL/Primary Examiner, Art Unit 3783 Application/Control Number: 16/944,588 Page 2 Art Unit: 3783 Application/Control Number: 16/944,588 Page 3 Art Unit: 3783 Application/Control Number: 16/944,588 Page 4 Art Unit: 3783 Application/Control Number: 16/944,588 Page 5 Art Unit: 3783 Application/Control Number: 16/944,588 Page 6 Art Unit: 3783 Application/Control Number: 16/944,588 Page 7 Art Unit: 3783 Application/Control Number: 16/944,588 Page 8 Art Unit: 3783 Application/Control Number: 16/944,588 Page 9 Art Unit: 3783 Application/Control Number: 16/944,588 Page 10 Art Unit: 3783 Application/Control Number: 16/944,588 Page 11 Art Unit: 3783 Application/Control Number: 16/944,588 Page 12 Art Unit: 3783 Application/Control Number: 16/944,588 Page 13 Art Unit: 3783 Application/Control Number: 16/944,588 Page 14 Art Unit: 3783 Application/Control Number: 16/944,588 Page 15 Art Unit: 3783 Application/Control Number: 16/944,588 Page 16 Art Unit: 3783 Application/Control Number: 16/944,588 Page 17 Art Unit: 3783 Application/Control Number: 16/944,588 Page 18 Art Unit: 3783
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Prosecution Timeline

Show 7 earlier events
May 20, 2025
Non-Final Rejection mailed — §103
Aug 15, 2025
Examiner Interview Summary
Aug 15, 2025
Applicant Interview (Telephonic)
Oct 20, 2025
Response Filed
Dec 17, 2025
Final Rejection mailed — §103
May 13, 2026
Request for Continued Examination
May 18, 2026
Response after Non-Final Action
Jun 03, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
58%
Grant Probability
86%
With Interview (+27.5%)
3y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 745 resolved cases by this examiner. Grant probability derived from career allowance rate.

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