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 .
Claim Status
The amendment filed November 26th, 2025 has been entered. Claims 1-21 remain pending in the application. Claims 1 and 17 have been amended.
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 26th, 2025 has been entered.
Response to Arguments
Applicant's arguments filed November 26th, 2025 have been fully considered but they are not persuasive.
Regarding applicant’s argument that Plan teaches away from the use of non-aerosol and therefore Plan fails to teach a portable enhanced medicament and cosmetic formula dispenser device comprising a dispenser tip wherein the dispenser tip is configured to be applied directly onto the skin, examiner disagrees with this argument in multiple points. Firstly, the fact that Plan discloses a device that utilizes an aerosol dispersement method does not inherently teach away from non-aerosol dispersement and applicant has not shown where in the disclosure of Plan the method of a non-aerosol dispersement is specifically taught in opposition. Secondly the requirement of a non-aerosol dispersement is not currently required by the current claim language and examiner does not see how the requirement of a dispenser tip being in contact with the patient’s skin specifically requires a non-aerosol dispersement. The definition of an aerosol is “a suspension of fine solid or liquid particles in gas” according to Merriam-Websters dictionary (https://www.merriam-webster.com/dictionary/aerosol). There is nothing in this definition that inherently prevents a nozzle distributing the aerosol from being placed against the skin of a patient as is suggested by the applicant.
The device of claim 1 is drawn toward an apparatus claim and as detailed in MPEP 2114 Section II., the manner of operating the device does not differentiate apparatus claims from the prior art as “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). As the claim limitation of the dispenser tip is configured to be applied directly onto skin is simply describing the function of the user of bringing the dispenser tip in contact with the patient skin, the dispenser tip of the prior art need only be capable of being put in contact with the patient’s skin. As such applicant’s arguments with regard to claim 1 are found to be unpersuasive.
Applicant further argues that one of ordinary skill in the art would understand that the device of Plan cannot be applied directly to the skin of the patient without risking damage to the skin, given the nature of the aerosol product, and, therefore would not be motivated to arrive at a direct contact application device like the claimed invention based on an aerosol spray device not being capable of safely contacting skin for application. Examiner does not find this argument persuasive as there is no disclosure, teaching, or evidence that the aerosol of Plan would not be capable of being safely applied when the nozzle is in direct contact with the patient’s skin. Contrarily, Plan specifically describes the provision of pressure regulating means for the purpose of reducing the gas outlet pressure which would negate the risk of damage to the skin (¶0011). As such examiner does not find this argument persuasive as Plan has shown that the outlet pressure of the aerosol can be adjusted and therefore is capable of being adjusted such that direct contact of the nozzle to the patients’ skin would not cause harm as suggested by applicant.
Applicant further argues that in order for the topical substance to spray as an aerosol onto the skin of the patient, the diameter of the dispenser tip must be the same as or less than the flow path of the carbon dioxide and topical substance or else the aerosol will not spray, examiner finds this argument to be unfounded. In fact, Plan’s device specifically discloses a portion of the dispenser tip diameter being greater than that of the flow path of the topical substance 10 and the flow path of carbon dioxide as seen in illustrative example of Fig. 4 provided in the below rejection. The fact that applicant has identified a portion of the dispenser tip on the proximal end that is the same size as the flow path of the carbon dioxide does not negate the fact that a separate portion of the dispenser tip has a greater diameter than the flow path. The applicant’s claim language currently does not require any specific details that do not allow for the interpretation of the term dispenser tip as the examiner has presented. If it is the intent of the applicant to claim a proximal end of the dispenser tip having a diameter greater than the flow path, these limitations must first be claimed in order to subsequently argue allowability.
Furthermore, the statement that the diameter of the dispenser tip must be the same as or less than the flow path of the carbon dioxide or the aerosol will not spray has no evidenced basis. The diameter of the dispenser tip vs the flow path of the carbon dioxide simply dictates the amount of diffusion or concentration of the flow of the gas as it enters into the dispenser tip from the flow path. While there may be a point in a relationship at which a dispenser tip having too high of a ratio of diameter to the diameter of the carbon dioxide flow path prevents aerosolization, aerosolization is not inherently prevented by the diameter of the carbon dioxide flow path being smaller than the flow path of the dispenser tip and is in fact common when applying a dispenser tip that encourages diffusion of the aerosol as it exits. However, this point is moot as Plan already discloses a carbon dioxide flow path that has a smaller diameter than the dispenser tip.
Applicant argues that conduit 11 does not connect to the gas source 3 however Plan specifically describes conduit 11 being connected to flow regulator 6 which fluidically connects conduit 11 to the gas source (¶0016 flow rate regulating means and the second holder fluidically connected by means of a second conduit…This second inlet conduit allows a part of the gas to be diverted into the cosmetic product container and force said product to exit through the first outlet conduit. As such this argument is not found to be persuasive. Furthermore, the requirement that the carbon dioxide connector conduit connect directly to the gas source is not currently claimed.
Applicant’s argument of the conduit 11 being consistent with a venturi arrangement and the claimed invention not involving the Venturi effect, is not found to be persuasive as the claim language does not require the device to not have a Venturi effect, nor is the below rejection reference the Venturi effect of conduit 11.
Applicant argues that heating means 8 cannot be equated to the dispenser tip of the claimed invention and that the tip of the plan device is the diameter of nozzle 7, however examiner does not find this argument persuasive especially since the disclosure of Plan specifically states that the heating means is part of the nozzle in multiple portions of the disclosure and as such Plan itself specifically refers to the nozzle as including the heating means (see ¶0010 “heating means of said nozzle”, ¶0011 “the heating means of the nozzle have the purpose of heating said nozzle”, ¶0055 “the heating means have heated the nozzle” states that the heating element is directly heating the nozzle and thus the coiled heating element is on the nozzle).
Applicant’s arguments toward Plan requiring pressurized gas where the current invention does not are not found to be persuasive as these requirements are not currently presented in the claim limitations, the examiner does not find that there are any limitations currently present which would require the device to not utilized a pressurized gas in its construction and as such these arguments are not found to be persuasive.
Regarding applicant’s argument that Plan s heating means involve aggressive high temperature heating to prevent freezing which risks degradation of the cosmetic formula, this argument is not seen as persuasive as applicant has provided no evidence that this would be the case and furthermore Plan specifically mentions regulating the temperature of the heating and therefore can regulate the amount of heating presented. Applicants’ argument that the claimed invention utilizes a heat exchanger to control the temperature is addressed in the below rejection of Claim 12 which utilizes the temperature regulation of the teachings of Kim and therefore is not drawn to the device of Plan.
Applicant argues that the device of Plan does not allow for water-based formulates, however there is no support for this claim by applicant. In fact, Plan specifically discloses the ability for there to be no alcohol in the formulation as disclosed by 0% in ¶0020.
Applicant argues that a person of ordinary skill in the art looking at plan would be motivated to utilize electrical heating means rather than environmental ambient air warming as claimed, however examiner disagrees in that Kim discloses the use of both methods in a device that utilizes a pressurized gas and therefore finds no evidence supporting this claim and evidence to the contrary as detailed in the below rejection.
Regarding applicant’s arguments pertaining to Kim that Kim teaches away from the claimed invention, examiner does not find this argument persuasive as the applicant has not particularly pointed out how the disclosure of Kim teaches away simply stating that Kim’s spray application and single substance design teach away, however neither of these elements are seen to prevent one of ordinary skill of the art from looking toward the temperature regulation unit of Kim to modify another pressurized gas applying device. As such this argument is not found to be persuasive.
Regarding applicant’s arguments pertaining to Yamaguchi teaching away from the claimed invention, examiner does not find this argument persuasive as the applicant has not particularly pointed out how the disclosure of Yamaguchi teaches away simply stating that Yamaguchi’s electrostatic spray application and single substance design teaches away, however neither of these elements are seen to prevent one of ordinary skill of the art from looking toward the design of fluid connecting channels presented by Yamaguchi to modify another spray application device. As such this argument is not found to be persuasive.
Regarding applicant’s arguments pertaining to Rowan, , one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The rejection of claim 16 is presented based on what the teaching of Rowan would suggest to one of ordinary skill in the art and it is the combination of these teachings with the disclosure of Plan that is seen to have rendered the current claim language obvious in view of prior art.
Regarding applicant’s arguments pertaining to Yamaguchi that one of ordinary skill in the art would not look to Yamaguchi to reach the claimed invention, because Yamaguchi has a different number of inputs, for a different purpose, with different output requirements, and different geometric constraints, examiner does not find this argument persuasive as it is unclear how the number of inputs or the intent of output requirements would effect how one may choose to arrange a fluid flow pathway channel within a device. Fluids inherently have no fixed shape and conform to the pathway into which they are introduced or coaxed through. Yamaguchi discloses a fluid connection channel that connects a fluid component to a nozzle and as such requires only the input and output of the fluid from an origin point to a exit point which is the same number and purpose of the connection channels presented by Plan, the fact that the fluid being transported is different, is not seen by the examiner to prevent one of ordinary skill in the art from utilizing the teachings of Yamaguchi as the channel of Yamaguchi being able to transport fluid would inherently require it to maintain the fluid within and as such would be capable of transporting the fluid of Plan within it. As such it is not seen by examiner why the fluid pathway of Yamaguchi would not be capable of transporting the medicament of Plan.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-15 and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Plan (U.S. Publication 2018/0214644) in view of Kim et al. (U.S. Publication 2021/0290430) and Yamaguchi et al. (U.S. Publication 2007/0114305).
Regarding claim 1, Plan discloses a portable enhanced medicament and cosmetic formula (Title administration of a cosmetic product, ¶0009 administration of cosmetic product) dispenser device 1 comprising:
a hand-held dispenser 1 comprising an actuating mechanism (9);
a carbon dioxide (¶0023) source 3;
a temperature regulator 8 provided in the hand-held dispenser, wherein the temperature regulator 8 controls a temperature of the nozzle (¶0036 controls temp through temperature regulating parameters in order to prevent freezing of the nozzle and substance);
a cartridge 5 provided in the hand-held dispenser (provided in slot 4), wherein the cartridge 5 is capable of accommodating a topical substance (cosmetic product) including the cosmetic formula; and
a dispenser tip (see illustrative diagram A of Fig. 4 below) comprising a mixing cavity (see illustrative diagram A) formed in a first surface (see illustrative diagram A) of the dispenser tip and a connection channel (see illustrative diagram A) formed in a first portion (inside of the portion of the second surface abutting the first surface at the division point) of a second surface (see illustrative diagram A) of the dispenser tip, wherein a second portion of the second surface of the dispenser tip is coupled with an output of the cartridge (coupled to line 10 which is coupled to cartridge) and a third portion of the second surface of the dispenser tip is coupled with a flow path (see illustrative diagram A) from the carbon dioxide source 3, wherein the first surface is positioned facing away from the hand-held dispenser (faces the apex point of the handheld dispenser facing away from the handle and other components toward the place of dispensing),wherein the mixing cavity and the connection channel are integrated within the dispenser tip, and wherein a diameter of the dispenser tip is greater than a diameter of the flow path from the carbon dioxide source (see illustrative diagram B of Fig. 4 below), wherein the actuating mechanism is configured to dispense the topical substance from the cartridge (Claim 15 said trigger opening the passage of a pressurized gas located inside said pressurized gas cartridge, said gas also causing cosmetic product located inside said cosmetic product container to exit).
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Illustrative diagram A of Fig. 4 of Plan (U.S. Publication 2018/0214644).
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Illustrative diagram B of Fig. 4 of Plan (U.S. Publication 2018/0214644).
Plan does not expressly disclose the temperature regulator controlling a temperature of the carbon dioxide provided from the carbon dioxide source, how the channels from the topical cartridge to the mixing cavity are formed and therefore does not expressly disclose the connection channel extending from the mixing cavity within the dispenser tip, or the dispenser tip being configured to be applied directly onto skin.
Regarding the temperature regulator, Kim, in the same field of endeavor of topical carbon dioxide dispensing medical devices, teaches a temperature regulator provided in a hand-held dispenser, wherein the temperature regulator (3100, 3200, and 4600) controls a temperature ¶0216 of carbon dioxide ¶0163 provided from a carbon dioxide ¶0163 source (¶0371, coolant storage tank) for the purpose of controlling the spraying temperature ¶0126 of a carbon dioxide ¶0163 coolant to a desired temperature in order to eliminate pain, treat acne, relieve itching, reduce inflammation, and/or suppress autoimmune response ¶0003, mitigating a spraying temperature of a coolant reaching the target region to perform initial control that allows smooth performance (Paragraph [0648]), and cooling a coolant received from the coolant supply to control a pressure of the coolant ¶0223.
It would have been obvious to have modified the dispenser disclosed by Anderson to have included a temperature regulator in the hand-held dispenser, as taught by Kim, for the purpose of controlling the spraying temperature ¶0126 of a carbon dioxide ¶0163 coolant to a desired temperature in order to eliminate pain, treat acne, relieve itching, reduce inflammation, and/or suppress autoimmune response ¶0003, mitigating a spraying temperature of a coolant reaching the target region to perform initial control that allows smooth performance (Paragraph [0648]), and cooling a coolant received from the coolant supply to control a pressure of the coolant ¶0223.
Regarding the mixing cavity and connection channel formation within the tip, Yamaguchi et al. (U.S. Publication 2007/0114305) discloses a dispenser tip comprising a cavity (242) formed in a first surface 240 of a dispenser tip (Fig. 11) and a connection channel 237 and 236 formed in a first portion of a second surface 270 of the dispenser tip, the connection channel extending from the cavity within the dispenser tip to a source of supplied fluid (210 through 232).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the connection channel pathway of Plan that performs the function of connecting a fluid source to a nozzle cavity for the connection channel pathway of Yamaguchi since these elements perform the same function of connecting a fluid source to a nozzle cavity. Simply substituting one fluid pathway connecting means for another would yield the predictable result of allowing a(n) fluid source to be connected to a nozzle cavity. See MPEP 2143.
Regarding the dispenser tip being configured to be applied directly onto skin, the device of claim 1 is drawn toward an apparatus claim and as detailed in MPEP 2114 Section II., the manner of operating the device does not differentiate apparatus claims from the prior art as “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). As the claim limitation of the dispenser tip is configured to be applied directly onto skin is simply describing the function of the user of bringing the dispenser tip in contact with the patient skin, the dispenser tip of the prior art need only be capable of being put in contact with the patient’s skin. Plan in view of Kim and Yamaguchi disclose all of the structure of the device as claimed and furthermore Plan specifically describes the provision of pressure regulating means for the purpose of reducing the gas outlet pressure which would negate the risk of damage to the skin (¶0011) if placed in direct contact.
Regarding claim 2, Plan in view of Kim and Yamaguchi suggest the device of claim 1. Plan further discloses the device further comprising a base unit of the device (shell that forms the holders 2 and 4), wherein the base unit comprises the carbon dioxide source (contains the carbon dioxide source 3 within holder 2).
Regarding claim 3, Plan in view of Kim and Yamaguchi suggest the device of claim 1. Kim further suggest the temperature regulator 3100 raising (¶0406, heating) the temperature of the carbon dioxide from the carbon dioxide source to a target temperature (¶0216 controlling and discharging at controlled temp).
Examiner notes that although a specific target temperature is not expressly suggested by Kim, the ability to control the temperature and discharge at the controlled temperature (¶0216) dictates that the changing of the temperature through control is done to reach a target value.
Regarding claim 4,Plan in view of Kim and Yamaguchi suggest the device of claim 3. Kim further suggests the temperature regulator (3100, 3200, 4600) controlling (Paragraph [0650]) a temperature (Paragraph [0650])) of carbon dioxide (Paragraph [0163] coolant can be carbon dioxide) based on an ambient (Paragraph [0651], mixed with air in guide unit, guide unit open to ambient space) temperature.
Regarding claim 5, Plan in view of Kim and Yamaguchi suggest the device of claim 3. Kim further suggests the temperature regulator (3100, 3200, 4600) controlling the temperature based on predicted waste heat ¶0378 from the device.
Regarding claim 6, Plan in view of Kim and Yamaguchi suggest the device of claim 1. Plan further discloses the carbon dioxide simultaneously mixing with the topical substance in the mixing cavity of the dispenser tip during a portion of operation of the portable enhanced medicament and cosmetic formula dispenser device (¶0049-0052 cosmetic product being mixed with gas in said nozzle and sprayed on the skin of a patient).
Regarding claim 7, Plan in view of Kim and Yamaguchi suggest the device of claim 1. Plan further discloses the carbon dioxide and the topical substance being provided sequentially during a portion of operation of the portable enhanced medicament and cosmetic formula dispenser device (¶0047-0052, user actuating trigger, trigger opens passage of pressurized gas, as gas exits, said gas also causing a cosmetic product located inside the cosmetic product container to exit; gas both flows straight to nozzle 7 as well as flows through conduit 11 to push out cosmetic product, therefore before cosmetic product is pushed out some gas would have already been provided to the device before the cosmetic product is provided to the device and thus provided in sequence).
Regarding claim 8, Plan in view of Kim and Yamaguchi suggest the device of claim 1. Plan further discloses a volume of the enhanced topical substance applied being metered based on a predetermined dispense time (¶0026 configured such that for the time of evacuating the pressurized gas cartridge, cosmetic product consumption is in the range of 1-10cm3).
Regarding claim 9, Plan in view of Kim and Yamaguchi suggest the device of claim 8. Plan further discloses the volume of the enhanced topical substance applied being further metered based on a flow rate of the topical substance (¶0085 sized and flow rates selected to enable providing a treatment time after which the cartridge no longer has enough gas to maintain the pressure and the container does not contain enough product for it to continue being evacuated, specifically the residual product volume of the example is around 1 cm3 so 3 cm3 are consumed, thus flow rate selected meters to 3 cm3 volume dispensed).
Regarding claim 10, Plan in view of Kim and Yamaguchi suggest the device of claim 9. Plan in view of Kim does not expressly disclose or suggest the flow rate of the enhanced topical substance is based on at least one of a group of a length of the cartridge and the inside diameter of the cartridge, however both the length of the cartridge and inside diameter of the cartridge inherently influence the flow rate of a substance through a container as is shown by the Hagen-Poiseuille equation that defines the relationship between volumetric flow rate with regard to diameter and length.
Regarding claim 11, Plan in view of Kim and Yamaguchi suggest the device of claim 3. Plan in view of Kim does not expressly disclose or suggest the temperature of the carbon dioxide being metered by a flow rate of the carbon dioxide from the carbon dioxide source to the hand-held dispenser.
However Kim, in the same field of endeavor of topical carbon dioxide dispenser devices, further teaches a temperature (Paragraph [0397]) of carbon dioxide (Paragraph [0163] coolant can be carbon dioxide) being metered (Paragraph [0395], maintaining a lower temp) by a flow rate (Paragraph [0395]) valve controls coolant flow) of the carbon dioxide (Paragraph [0163] coolant can be carbon dioxide) from the carbon dioxide source (1100) to a hand-held dispenser (10000) for the purpose of controlling a pressure of the of the coolant (Paragraph [0223]) and providing an energy saving effect due to a decrease in the total amount of power necessary for performing a cooling operation (Paragraph [0385]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Plan in view of Kim and Yamaguchi to have metered the temperature by a flow rate of the carbon dioxide for the purpose of controlling a pressure of the of the coolant (Paragraph [0223]) and providing an energy saving effect due to a decrease in the total amount of power necessary for performing a cooling operation (Paragraph [0385]).
Regarding claim 12, Plan in view of Kim and Yamaguchi suggest the device of claim 3. Kim further suggest the temperature regulator (4600) being a heat exchanger (Paragraph [0238]) using ambient (Paragraph [0651], mixed with air in guide unit, guide unit open to ambient space) temperature to raise (Paragraph [0238]) a temperature of the carbon dioxide (Paragraph [0163] coolant can be carbon dioxide) to a target temperature (Paragraph [0238] higher temperature).
Regarding claim 13, Plan in view of Kim and Yamaguchi suggest the device of claim 1. Kim further suggests the temperature regulator (3200) heating (Paragraph [0406]) a portion of the flow path (Paragraph [0406]) of the carbon dioxide between (Paragraph [0216]) the carbon dioxide source and the dispenser tip of the cartridge.
Regarding claim 14, Plan in view of Kim and Yamaguchi suggest the device of claim 1. Plan further discloses the connection channel guiding the carbon dioxide into the mixing cavity of the dispenser tip, and wherein the topical substance is output from the hand-held dispenser via the mixing cavity (mixing cavity within the dispenser tip and connection channel connects the carbon dioxide source to the mixing cavity thus guides the carbon dioxide into the mixing cavity).
Regarding claim 15, Plan in view of Kim and Yamaguchi suggest the device of claim 1. Plan further discloses the cartridge further comprising: an actuation mechanism connector and a carbon dioxide connector mating with the hand-held dispenser (see illustrative diagram B of Fig. 4 above).
Regarding claim 17, Plan discloses a method for enhancing delivery of a topical substance including a cosmetic formula, the method comprising:
loading, in a hand-held dispenser, a cartridge including the topical substance (¶0046 user places a cosmetic product container in the second holder);
actuating an activator button of the hand-held dispenser (¶0047 user actuating the trigger);
in response to actuating the activator button: providing the topical substance to a mixing cavity (see illustrative diagram A) formed in a first surface (see illustrative diagram A) of the dispenser tip of the hand-held device (¶0049 trigger opens passage of pressurized gas, ¶0051 as it exits gas causes a cosmetic product located inside cosmetic product container to exit, ¶0052 cosmetic product mixed with the gas in said nozzle), and
creating an enhanced topical substance by flowing carbon dioxide through a flow path to the mixing cavity (¶0052 mixed with gas in nozzle thus carbon dioxide and topical substance provided to nozzle through flow paths)
outputting the enhanced topical substance from the hand-held dispenser (¶0052 sprayed on the skin of patient), wherein
wherein a second portion of the second surface of the dispenser tip is coupled with an output of the cartridge (coupled to line 10 which is coupled to cartridge) and a third portion of the second surface of the dispenser tip is coupled with a flow path (see illustrative diagram A) from the carbon dioxide source 3, wherein the first surface is positioned facing away from the hand-held dispenser (faces the apex point of the handheld dispenser facing away from the handle and other components toward the place of dispensing),wherein the mixing cavity and the connection channel are integrated within the dispenser tip, and wherein a diameter of the dispenser tip is greater than a diameter of the flow path from the carbon dioxide source (see illustrative diagram B of Fig. 4 below).
Plan does not expressly disclose how the channels from the carbon dioxide source to the mixing cavity are formed and therefore does not expressly disclose the connection channel extending from the mixing cavity within the dispenser tip, or applying the dispenser tip directly onto skin, such that outputting the enhanced topical substance from the dispenser tip occurs while the dispenser tip is directly applied onto the skin.
Regarding the mixing cavity and connection channel formation within the tip, Yamaguchi et al. (U.S. Publication 2007/0114305) discloses a dispenser tip comprising a cavity (242) formed in a first surface 240 of a dispenser tip (Fig. 11) and a connection channel 237 and 236 formed in a first portion of a second surface 270 of the dispenser tip, the connection channel extending from the cavity within the dispenser tip to a source of supplied fluid (210 through 232).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the connection channel pathway of Plan that performs the function of connecting a fluid source to a nozzle cavity for the connection channel pathway of Yamaguchi since these elements perform the same function of connecting a fluid source to a nozzle cavity. Simply substituting one fluid pathway connecting means for another would yield the predictable result of allowing a(n) fluid source to be connected to a nozzle cavity. See MPEP 2143.
Regarding applying the dispenser tip directly onto the skin, such that outputting the enhanced topical substance from the dispenser tip occurs while the dispenser tip is directly applied onto the skin, Kim, in the same field of endeavor of topical carbon dioxide dispensing medical devices, teaches applying a dispenser tip (¶0012 cooling tip) directly onto the skin (¶0012 cooling tip comes in contact with the body of a patient) while outputting a topical substance (¶0012 cooling medium jetted from the spraying unit), for the purpose of targeting an affected area such that effects of the treatment on the affected area can be enhanced (¶0012).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed by Plan to have allowed for direct application of the dispenser tip to the patient skin for the purpose of targeting an affected area such that effects of the treatment on the affected area can be enhanced (¶0012).
Regarding claim 18, Plan in view of Kim and Yamaguchi suggest the method of claim 17. Plan in view of Yamaguchi do not expressly suggest or disclose the enhanced topical substance having a lower temperature and a higher viscosity than the topical substance, however this function is inherent to the device due to the use of a pressurized source of carbon dioxide (Paragraph [0032]). As pressurized gas is released, the pressure decreases drawing heat from the surrounding area performing an inherent cooling. Cooling of liquid substances is known to inherently increase viscosity.
Regarding claim 19, Plan in view of Kim and Yamaguchi suggest the method of claim 17. Plan in view of Yamaguchi do not expressly suggest or disclose a pH of the enhanced topical substance being lower than a pH of the topical substance, however this function is inherent to the device due to the inherent property of carbon dioxide to form carbonic acid when mixed with water which would increase the amount of acid present in the substance and inherently lower the pH.
Regarding claim 20, Plan in view of Kim and Yamaguchi suggest the method of claim 17. Plan further discloses the enhanced topical substance being created by mixing (¶0052 mixed) the topical substance and the carbon dioxide.
Regarding claim 21, Plan in view of Kim and Yamaguchi suggest the device of claim 1. Yamaguchi further suggests the connection channel being perpendicular to the flow path from the carbon dioxide source (Fig. 11 shows flow path 232 perpendicular to 236 and 237).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Plan (U.S. Publication 2018/0214644) in view of Kim et al. (U.S. Publication 2021/0290430) and Yamaguchi et al. (U.S. Publication 2007/0114305) and further in view of Rowan (U.S. Patent No. 9,351,902).
Regarding claim 16, Plan in view of Kim and Yamaguchi suggest the portable enhanced medicament and cosmetic formula dispenser of claim 1. Plan in view of Kim and Yamaguchi do not expressly disclose or suggest the device further comprising a vibration mechanism configured to abrade and/or massage the client during application.
Rowan, in the same field of endeavor of topical substance application, teaches a device (10) for topically (Col. 2 lines 24-29) applies a substance (Col. 2 lines 24-29) comprising a vibration (Col. 4 lines 66-67 and Col. 5 lines 1-3) mechanism to massage (Col. 4 lines 66-67 and Col. 5 lines 1-3) the client during application for the purpose of massaging the composition into the skin (Col. 4 lines 66-67 and Col. 5 lines 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Anderson to have included a vibration mechanism as taught by Rowan for the purpose of massaging the composition into the skin (Col. 4 lines 66-67 and Col. 5 lines 1-3).
Conclusion
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/PETER DANIEL SMITH/Examiner, Art Unit 3781
/PHILIP R WIEST/Primary Examiner, Art Unit 3781