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 April 9th, 2026 has been entered. Claims 1-21 remain pending in the application. Claims 1 and 17 have been amended.
Response to Arguments
Applicant's arguments filed April 9th, 2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1 and 17 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. The current rejection relies upon Spiegel et al. (U.S. Publication 2012/0067977) as the primary reference in view of Plan (U.S. Publication 2018/0214644) and Kim et al. (U.S. Publication 2021/0290430).
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 1-6, 8-15, and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Spiegel et al. (U.S. Publication 2012/0067977) in view of Plan (U.S. Publication 2018/0214644) and Kim et al. (U.S. Publication 2021/0290430).
Regarding claim 1, Spiegel discloses a portable cosmetic formula dispenser device Fig. 1a comprising:
a hand-held dispenser (Fig. 1A; ¶0006 handheld solution) comprising an actuating mechanism (7 interacting to turn on peristaltic pump 52 to actuate outflow of liquid cosmetic from pouch 32);
a pressurized air source 11;
a cartridge 31 provided in a hand-held dispenser (¶0027 cartridge assembly in place within the housing 2), wherein the cartridge is capable of accommodating a topical substance including a cosmetic formula (¶0031 liquid cosmetic); and
a dispenser tip (54,55) comprising a mixing cavity formed in (¶0036 both air and liquid cosmetic will meet together in the outer tip of the spray nozzle 72) a first surface (surface of element 72; ¶0036 meeting together occurs in spray nozzle 72 outer tip) of the dispenser tip and a connection channel (83, 84, 86) formed in a first portion (portion occupied by 86) of a second surface (surface of 55; Fig. 9A shows the channel 86 formed in the second surface) of the dispenser tip, the connection channel extending from the mixing cavity within the dispenser tip (¶0036 the air will be traveling at the outer channel 84, both air and the liquid cosmetic will meet together in the outer tip, thus channel delivers air to outer tip and therefore extends from the mixing cavity to the air source),
Wherein a second portion (portion comprising flow path 64 and inlet 65) of the second surface of the dispenser tip is coupled with an output of the cartridge (¶0033 liquid cosmetic will travel upward into the liquid cosmetic inlet) and a third portion of the second surface of the dispenser tip is coupled with a flow path from a pressurized gas source (¶0036 air first enter through air let valve 82),
Wherein the first surface of the dispenser tip is positioned facing away from the hand-held dispenser (dispenser tip assembly 54 including 74, 72, 71 face toward the outer boundary of the handheld dispenser as can be seen by the indent at the top of housing in Fig. 2 which receives the annular element of Fig. 5 into which the components of 54 are inserted),
Wherein the mixing cavity and the connection channel are integrated within the dispenser tip (both integrated into 55),
Wherein a diameter of the dispenser tip is greater than a diameter of the flow path from the pressurized gas source (see illustrative diagram of Fig. 8b below),
Wherein the actuating mechanism is configured to mechanically displace the topical substance from the cartridge through the dispenser tip independent of the pressurized gas source (¶0032 liquid cosmetic drawn out of the liquid reservoir pouch via the peristaltic pump…¶0033 peristaltic pump driven directly by a mini electronic DC motor 12 which is supplied with power from batteries).
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Illustrative diagram of Fig. 8b of Spiegel.
Spiegel does not expressly disclose the pressurized gas source being a carbon dioxide source; a temperature regulator provided in the hand-held dispenser, wherein the temperature regulator controls a temperature of carbon dioxide provided from the carbon dioxide source; or the dispenser tip being configured to be applied to directly onto skin.
However, regarding supplying carbon dioxide and the temperature regulator, Plan, in the same field of endeavor of cosmetic dispensers, discloses a hand-held dispenser 1 comprising an actuating mechanism (9);
a carbon dioxide (¶0023) source 3;
and a temperature regulator 8 provided in the hand-held dispenser, wherein the temperature regulator 8 controlling a temperature of the carbon dioxide provided from the carbon dioxide source (¶0036 controls temp through temperature regulating parameters in order to prevent freezing of the nozzle and substance) for the purpose of providing an aerosol with a low temperature as it reaches the skin combined with the pressurized spraying to create a synergy that is particularly advantageous for the cosmetological reduction of facial wrinkles through the use of pressurized gas cartridges and preventing excessive cooling (¶0011 it has been experimentally proven that the low temperature of the aerosol as it reaches the skin combined with the pressurized spraying creates a synergy that is particularly advantageous for the cosmetological reduction of facial wrinkles, while at the time maintaining ease of use…given that the change in pressure at the outlet of the nozzle might cause it to cool excessively, freezing the product and plugging the nozzle, the heating means of the nozzle have the purpose of heating said nozzle so that this does not happen).
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 pressurized gas source of Spiegel to have been the pressurized carbon dioxide source as taught by Plan and to have included the temperature regulator as taught by Plan for the purpose of providing an aerosol with a low temperature as it reaches the skin combined with the pressurized spraying to create a synergy that is particularly advantageous for the cosmetological reduction of facial wrinkles through the use of pressurized gas cartridges and preventing excessive cooling (¶0011 of Plan it has been experimentally proven that the low temperature of the aerosol as it reaches the skin combined with the pressurized spraying creates a synergy that is particularly advantageous for the cosmetological reduction of facial wrinkles, while at the time maintaining ease of use…given that the change in pressure at the outlet of the nozzle might cause it to cool excessively, freezing the product and plugging the nozzle, the heating means of the nozzle have the purpose of heating said nozzle so that this does not happen).
Spiegel in view of Plan do not expressly disclose or suggest the dispenser tip being configured to be applied to directly onto skin, however, 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. Spiegel in view of Plan disclose all of the structure of the device as claimed.
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.
As such 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 device of Spiegel in view of Plan to have provided pressure regulating means, as taught by Plan, that would allow for the direct placement of the device in contact with the patient’s skin through the regulation of the pressure of the fluid being output from the device.
Furthermore, Kim, in the same field of endeavor of skin therapy treatment devices, teaches an apparatus that applies a medium to the skin surface of a patient wherein a dispenser tip 7200 is placed in direct contact with the skin of a patient (¶0440) for the purpose of increasing efficiency and accurately targeting an affected area in order to enhance pain relief and anesthetic effects (¶0012).
As such one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to have modified the tip of Spiegel in view of Plan to have been capable of being placed in direct contact with the patient’s skin, as taught by Kim, for the purpose of increasing efficiency and accurately targeting an affected area in order to enhance pain relief and anesthetic effects (¶0012) and would have been expected to have had reasonable success in modifying the pressure of Spiegel in view of Plan to allow the device to come into direct contact with the skin as Plan specifically describes regulating the pressure in order to reduce the gas outlet pressure (¶0011 of Plan) would allow for the negation of any risk of damage to the skin.
Regarding claim 2, Speigel in view of Plan and Kim suggest the device of claim 1. Speigel further discloses the device further comprising a base unit of the device (housing 2), wherein the base unit comprises the carbon dioxide source (pressurized gas source shown within housing in Fig. 2).
Regarding claim 3, Speigel in view of Plan and Kim suggest the device of claim 1. Plan further suggest the temperature regulator (¶0011 heating means) raising (¶0011, heating) the temperature of the carbon dioxide from the carbon dioxide source to a target temperature (¶0021 heating means are configured for heating the nozzle to an initial temperature in the range comprised between 60 degrees celsius and 100 degrees Celsius; ¶0011 states that heating of nozzle prevents freezing the product and plugging the nozzle due to change in pressure of the gas at the nozzle, heating of the nozzle would result in heating of the carbon dioxide and providing a target temperature of heating of the nozzle would indirectly heat the carbon dioxide to a particular target temperature that results in no freezing occurring).
Regarding claim 4, Speigel in view of Plan and Kim suggest the device of claim 3. Speigel in view of Plan and Kim do not expressly disclose or suggest the temperature regulator controlling a temperature of carbon dioxide based on an ambient temperature.
However, Kim in the same field of endeavor of topical treatment devices, further teaches a 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.
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 temperature regulator of Speigel in view of Plan that performs the function of regulating the temperature of a topical substance within the system for the temperature regulator of Kim since these elements perform the same function of regulating the temperature of a pressurized gas in a system. Simply substituting one temperature regulating means for another would yield the predictable result of allowing a(n) topical applicator to regulate the temperature of the pressurized gas. See MPEP 2143.
Regarding claim 5, Speigel in view of Plan and Kim suggest the device of claim 3. Speigel in view of Plan and Kim do not expressly disclose or suggest the temperature regulator controlling the temperature based on predicted waste heat from the device.
However, Kim in the same field of endeavor of topical treatment devices, further teaches the temperature regulator (3100, 3200, 4600) controlling the temperature based on predicted waste heat ¶0378 from the device.
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 temperature regulator of Speigel in view of Plan that performs the function of regulating the temperature of a topical substance within the system for the temperature regulator of Kim since these elements perform the same function of regulating the temperature of a pressurized gas in a system. Simply substituting one temperature regulating means for another would yield the predictable result of allowing a(n) topical applicator to regulate the temperature of the pressurized gas. See MPEP 2143.
Regarding claim 6, Speigel in view of Plan and Kim suggest the device of claim 1. Speigel 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 (¶0036 both air and liquid cosmetic will meet together in the outer tip of the spray nozzle 72).
Regarding claim 8, Speigel in view of Plan and Kim suggest the device of claim 1. Speigel in view of Plan and Kim do not expressly suggest 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).
However, Plan, in the same field of endeavor of topical applicators, further teaches 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) for the purpose of providing an amount that is sufficient for treatment without leading to excessive product wastage (¶0026).
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 device of Speigel in view of Plan and Kim to have a volume of the enhanced topical substance applied being metered based on a predetermined dispense time, as taught by Plan for the purpose of providing an amount that is sufficient for treatment without leading to excessive product wastage (¶0026).
Regarding claim 9, Speigel in view of Plan and Kim suggest the device of claim 8. Plan further suggests 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, Speigel in view of Plan and Kim suggest the device of claim 9. Speigel in view of Plan and 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, Speigel in view of Plan and Kim suggest the device of claim 3. Speigel in view of Plan and 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 Speigel in view of Plan and Kim 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, Speigel in view of Plan and Kim suggest the device of claim 3. Speigel in view of Plan and Kim do not expressly suggest the temperature regulator being a heat exchanger using ambient temperature to raise a temperature of the carbon dioxide to a target temperature.
However, Kim, in the same field of endeavor of topical substance applicators, further teaches 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).
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 temperature regulator of Speigel in view of Plan that performs the function of regulating the temperature of a topical substance within the system for the temperature regulator of Kim since these elements perform the same function of regulating the temperature of a pressurized gas in a system. Simply substituting one temperature regulating means for another would yield the predictable result of allowing a(n) topical applicator to regulate the temperature of the pressurized gas. See MPEP 2143.
Regarding claim 13, Speigel in view of Plan and Kim suggest the device of claim 1. Speigel in view of Plan and Kim do not expressly suggest the temperature regulator heating a portion of the flow path of the carbon dioxide between the carbon dioxide source and the dispenser tip of the cartridge.
However, Kim, in the same field of endeavor of topical substance applicators, further teaches 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.
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 temperature regulator of Speigel in view of Plan that performs the function of regulating the temperature of a topical substance within the system for the temperature regulator of Kim since these elements perform the same function of regulating the temperature of a pressurized gas in a system. Simply substituting one temperature regulating means for another would yield the predictable result of allowing a(n) topical applicator to regulate the temperature of the pressurized gas. See MPEP 2143.
Regarding claim 14, Speigel in view of Plan and Kim suggest the device of claim 1. Speigel 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 (¶0036 air will be traveling at the outer or annular chamber channel 84, while the liquid cosmetic will flow through the inner chamber channel 85. Both air and the liquid cosmetic will meet together in the outer tip of the spray nozzle, at which it will mix and spray out of the nozzle housing cap 74).
Regarding claim 15, Speigel in view of Plan and Kim suggest the device of claim 1. Plan further discloses the cartridge further comprising: an actuation mechanism connector (62; ¶0033 dc motor directly connects to the bottom of the pump shaft via a set of connector gearing) and a carbon dioxide connector 82 mating with the hand-held dispenser (Fig. 2 shows port in top that mates with the inlet 82; see illustrative diagram of Fig. 2 below).
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Illustrative diagram of Fig. 2 of Speigel.
Regarding claim 17, Speigel discloses a method for enhancing delivery of a topical substance (¶0031 liquid cosmetic) including a cosmetic formula, the method comprising:
Loading (¶0031 inserted into housing 2), in a hand-held dispenser (Fig. 1, loaded in housing), a cartridge 31 including the topical substance (¶0031 liquid cosmetic);
actuating (¶0030 button can be pressed and held down) an activator button 4 of the hand-held dispenser;
in response to actuating the activator button:
providing (¶0033 peristaltic pump draw the liquid cosmetic out of the reservoir pouch. The liquid cosmetic will travel upward into the liquid cosmetic inlet and along the liquid cosmetic flow channel and exit into the nozzle spraying chamber) the topical substance to a mixing cavity formed in (¶0036 both air and liquid cosmetic will meet together in the outer tip of the spray nozzle 72) a first surface (surface of element 72; ¶0036 meeting together occurs in spray nozzle 72 outer tip) of a dispenser tip (54, 55) of the hand-held device, and
creating an enhanced topical substance by flowing pressurized air (¶0036 air first enter through air let valve 82) through a flow path to the mixing cavity (¶0036 the air will be traveling at the outer channel 84, both air and the liquid cosmetic will meet together in the outer tip, thus channel delivers air to outer tip and therefore extends from the mixing cavity to the air source) via a connection channel (83, 84, 86) formed in a first portion (portion occupied by 86) of a second surface (surface of 55; Fig. 9A shows the channel 86 formed in the second surface) of the dispenser tip,
and
outputting (¶0036 will mix and spray out of the nozzle housing cap) the enhanced topical substance from the dispenser tip of the hand-held dispenser onto the skin (¶0027 skin care application),
wherein a second portion (portion comprising flow path 64 and inlet 65) of the second surface of the dispenser tip is coupled with an output of the cartridge (¶0033 liquid cosmetic will travel upward into the liquid cosmetic inlet) and a third portion of the second surface of the dispenser tip is coupled with a flow path from a pressurized gas source (¶0036 air first enter through air let valve 82)
wherein the first surface of the dispenser tip is positioned facing away from the hand-held dispenser (dispenser tip assembly 54 including 74, 72, 71 face toward the outer boundary of the handheld dispenser as can be seen by the indent at the top of housing in Fig. 2 which receives the annular element of Fig. 5 into which the components of 54 are inserted),
Wherein the mixing cavity and the connection channel are integrated within the dispenser tip (both integrated into 55),
Wherein a diameter of the dispenser tip is greater than a diameter of the flow path from the pressurized gas source (see illustrative diagram of Fig. 8b below),
and
wherein the topical substance is mechanically displaced from the cartridge through the dispenser tip independent of the pressurized gas source (¶0032 liquid cosmetic drawn out of the liquid reservoir pouch via the peristaltic pump…¶0033 peristaltic pump driven directly by a mini electronic DC motor 12 which is supplied with power from batteries).
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Illustrative diagram of Fig. 8b of Spiegel.
Spiegel does not expressly disclose flowing carbon dioxide; or the dispenser tip being applied to directly onto skin.
However, regarding supplying carbon dioxide and the temperature regulator, Plan, in the same field of endeavor of cosmetic dispensers, discloses a hand-held dispenser 1 comprising an actuating mechanism (9);
a carbon dioxide (¶0023) source 3;
and a temperature regulator 8 provided in the hand-held dispenser, wherein the temperature regulator 8 controlling a temperature of the carbon dioxide provided from the carbon dioxide source (¶0036 controls temp through temperature regulating parameters in order to prevent freezing of the nozzle and substance) for the purpose of providing an aerosol with a low temperature as it reaches the skin combined with the pressurized spraying to create a synergy that is particularly advantageous for the cosmetological reduction of facial wrinkles through the use of pressurized gas cartridges and preventing excessive cooling (¶0011 it has been experimentally proven that the low temperature of the aerosol as it reaches the skin combined with the pressurized spraying creates a synergy that is particularly advantageous for the cosmetological reduction of facial wrinkles, while at the time maintaining ease of use…given that the change in pressure at the outlet of the nozzle might cause it to cool excessively, freezing the product and plugging the nozzle, the heating means of the nozzle have the purpose of heating said nozzle so that this does not happen).
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 pressurized gas source of Spiegel to have been the pressurized carbon dioxide source as taught by Plan and to have included the temperature regulator as taught by Plan for the purpose of providing an aerosol with a low temperature as it reaches the skin combined with the pressurized spraying to create a synergy that is particularly advantageous for the cosmetological reduction of facial wrinkles through the use of pressurized gas cartridges and preventing excessive cooling (¶0011 of Plan it has been experimentally proven that the low temperature of the aerosol as it reaches the skin combined with the pressurized spraying creates a synergy that is particularly advantageous for the cosmetological reduction of facial wrinkles, while at the time maintaining ease of use…given that the change in pressure at the outlet of the nozzle might cause it to cool excessively, freezing the product and plugging the nozzle, the heating means of the nozzle have the purpose of heating said nozzle so that this does not happen).
Spiegel in view of Plan do not expressly disclose or suggest the dispenser tip being applied directly onto skin.
However, 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.
As such 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 device of Spiegel in view of Plan to have provided pressure regulating means, as taught by Plan, that would allow for the direct placement of the device in contact with the patient’s skin through the regulation of the pressure of the fluid being output from the device.
Furthermore, Kim, in the same field of endeavor of skin therapy treatment devices, teaches an apparatus that applies a medium to the skin surface of a patient wherein a dispenser tip 7200 is placed in direct contact with the skin of a patient (¶0440) for the purpose of increasing efficiency and accurately targeting an affected area in order to enhance pain relief and anesthetic effects (¶0012).
As such one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to have modified the tip of Spiegel in view of Plan to be placed in direct contact with the patient’s skin during application of the topical substance, as taught by Kim, for the purpose of increasing efficiency and accurately targeting an affected area in order to enhance pain relief and anesthetic effects (¶0012) and would have been expected to have had reasonable success in modifying the pressure of Spiegel in view of Plan to allow the device to come into direct contact with the skin as Plan specifically describes regulating the pressure in order to reduce the gas outlet pressure (¶0011 of Plan) would allow for the negation of any risk of damage to the skin.
Regarding claim 18, Spiegel in view of Plan and Kim suggest the method of claim 17. Speigel 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] of Plan). 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, Spiegel in view of Plan and Kim 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, Spiegel in view of Plan and Kim suggest the method of claim 17. Speigel in view of Plan further suggest the enhanced topical substance being created by mixing (¶0036 of Speigel mix) the topical substance and the carbon dioxide (¶0077 of Plan).
Regarding claim 21, Spiegel in view of Plan and Kim suggest the device of claim 1. Spiegel further discloses the connection channel being perpendicular to the flow path from the carbon dioxide source (portion of connection channel seen in Fig. 9A perpendicular to inlet 82).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Spiegel et al. (U.S. Publication 2012/0067977) in view of Plan (U.S. Publication 2018/0214644) and Kim et al. (U.S. Publication 2021/0290430) and further in view of Anderson (U.S. Publication 2014/0121699).
Regarding claim 7, Spiegel in view of Plan and Kim suggest the portable enhanced medicament and cosmetic formula dispenser of claim 1. Spiegel in view of Plan and Kim do not expressly disclose or suggest 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.
However, Anderson in the same field of endeavor of medical substance dispensing, teaches a device (10) that sequentially (¶0038) applied carbon dioxide (¶0035) and a topical substance (¶0037) during application on the client for the purpose of preparing a surface for application of the liquid ¶0039 and preventing liquids from clogging the tip ¶0039.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed inventio to have modified the application sequence as disclosed by Speigel in view of Plan and Kim to have been the application sequence taught by Anderson for the purpose of preparing a surface application of the liquid (¶0039 of Anderson) and preventing the liquids from clogging the tip (¶0039 of Anderson).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Spiegel et al. (U.S. Publication 2012/0067977) in view of Plan (U.S. Publication 2018/0214644) and Kim et al. (U.S. Publication 2021/0290430) and further in view of Rowan (U.S. Patent No. 9,351,902).
Regarding claim 16, Spiegel in view of Plan and Kim suggest the portable enhanced medicament and cosmetic formula dispenser of claim 1. Spiegel in view of Plan and Kim 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fedorov (U.S. Publication 2015/0014434) discloses a cartridge for use in cosmetic application.
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 PETER DANIEL SMITH whose telephone number is (571)272-8564. The examiner can normally be reached Monday - Friday 7:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at 571-272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER DANIEL SMITH/Examiner, Art Unit 3781
/PHILIP R WIEST/Primary Examiner, Art Unit 3781
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