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 .
This action is in response to the filing on 1/9/2026. Since the previous filing, claims 15 and 26 have been amended, claim 27 has been added and no claims have been cancelled. Thus, claims 15, 17 and 23-27 are pending in the application.
In regards to the previous 103 Rejections, Applicant’s amendments are either not sufficient to overcome the previous rejections which are maintained below or overcome the previous rejections and they are therefore withdrawn with new rejections entered below.
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.
Claim(s) 15 and 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (WO 2017/069509), hereafter referred to as Park-WO, in view of Hassall (GB 2480647), Yu (CN 206462614), and Park (US 7500282), hereafter referred to as Park-US.
In regards to claim 15, Park-WO discloses a device movable relative to a user’s skin (page 8 paragraph 6), the device comprising: a body (main body 10), comprising: a first surface (brush 20) on which a plate is mounted (brush body 21, page 5 paragraph 10, Fig 3); and a second surface for supporting a user's palm (user holds device by hand, page 4 paragraph 4); wherein, in use, the first surface faces towards a portion of the user's skin to be treated (Fig 15) and the second surface faces away from the user's skin such that the user's palm faces towards the portion of the user's skin to be treated when using the device (palm could be placed on across top of device), wherein the plate is concave (page 6 paragraph 1) and includes a plurality of convex protrusions (brush pins 22), each protrusion of the plurality of protrusions including a curved contact surface configured to avoid breaking a user’s skin, wherein, in use, provide a plurality of contact points on a user’s skin (page 5 paragraph 11 and 13), wherein the plate and the plurality of convex protrusions are unitary (page 5 paragraph 12 line 4); wherein the plate and the protrusions are formed from metal (page 5 paragraph 12 line 1-3.
Park-WO does not explicitly disclose alleviating itching.
However, Hasssall teaches that a plurality of protrusions including a curved contact surface may be used to alleviate itching (abstract, page 5 line 20-22).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO wherein the device alleviates itching as taught by Hassall as this is a known effect of such construction.
Park-WO does not disclose wherein the first and second surfaces are both shaped generally as a five-pointed star, wherein recessed portions being configured to receive a user's fingers in use, wherein the plurality of protrusions is arranged in a plurality of single arrays, wherein one single array is arranged on each of the points of the star and every array is arranged such that it extends from a center of the plate towards a tip of the point of the star and; wherein the protrusions vary in size and height such that the size and height of each protrusion decreases from the center of the first surface.
However, Yu teaches wherein the first and second surfaces are both shaped generally as a five-pointed star (Fig 1), wherein recessed portions are configured to receive a user's fingers in use (star shape meant to facilitate holding, page 2 paragraph 4, see Annotated Fig 1), wherein the plurality of protrusions is arranged in a plurality of single arrays, wherein one single array is arranged on each of the points of the star and every array is arranged such that it extends from a center of the plate towards a tip of the point of the star (an “array” is a “group of elements forming a complete unit” as defined by the Merriam-Webster Dictionary, see Annotated Fig 1).
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Annotated Fig 1
While Yu does not have a housing such as that in Park, it would be will within the skill of the art to modify the shape of the housing to maintain continuity between the brush portion and the housing portion of Park-WO without changing the internal arrangement. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO wherein the first and second surfaces are both shaped generally as a five-pointed star, wherein recessed portions being configured to receive a user's fingers in use, wherein the plurality of protrusions is arranged in a plurality of single arrays, wherein one single array is arranged on each of the points of the star and every array is arranged such that it extends from a center of the plate towards a tip of the point of the star, wherein each array extends from a center of the first surface as taught by Yu as this constitutes a change in shape that may be considered a matter of design choice (MPEP 2144.04 IV B) which a person of ordinary skill in the art would have found obvious for the purpose of making the device easier to handle (Yu: page 2 paragraph 3).
Further, Park-US teaches wherein it is known to control and alter the heights of the protrusions across the surface (column 5 line 37-54).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO wherein the protrusions vary in size such that the size of each protrusion decreases with increasing distance from the center of the first surface as taught by Park-US as this would allow the device to apply differing pressures and accommodate multiple body parts (Park-US: column 5 line 37-54).
In regards to claim 23, Park-WO in view of Hassall, Yu and Park-US teaches the device of claim 15 and Park further discloses wherein, in use, the device is configured to be handheld by a user (user holds device by hand, page 4 paragraph 4).
In regards to claim 24, Park-WO in view of Hassall, Yu and Park-US teaches the device of claim 15 and Park further discloses wherein the body comprises an internal battery for powering the device (battery 18, page 5 paragraph 1).
In regards to claim 25, Park-WO in view of Hassall, Yu and Park-US teaches the device of claim 24 and Park further discloses further comprising a charging dock configured to charge the battery when the device is mounted on the dock (connection means is a jack for charging battery, page 7 paragraph 10).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (WO 2017/069509), hereafter referred to as Park-WO, in view of Hassall (GB 2480647), Yu (CN 206462614) and Park (US 7500282), hereafter referred to as Park-US, as applied to claim 1 in further view of Kadra (US 2015/0150754).
In regards to claim 17, Park-WO in view of Hassall, Yu and Park-US teaches the device of claim 15.
Park-WO does not disclose wherein the plate is mounted to the body removably, such that the plate can be removed from the body and replaced.
However, Kadra teaches a device wherein the plate is mounted to the body removably, such that the plate can be removed from the body and replaced (paragraph 54).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO wherein the plate is mounted to the body removably, such that the plate can be removed from the body and replaced as taught by Kadra as this would allow the plate and the formation to be more easily cleaned, swapped or replaces as needed (Kadra: paragraph 54).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (WO 2017/069509), hereafter referred to as Park-WO, in view of Hassall (GB 2480647), Thomas (US 2019/0099290), Yu (CN 206462614) and Park (US 7500282), hereafter referred to as Park-US.
In regards to claim 26, Park-WO discloses a device movable relative to a user's skin (page 8 paragraph 6), the device comprising: a body (main body 10); and a cooling device inside the body (page 6 paragraph 10 and 12), wherein the body comprises: a first surface (brush 20) on which a plate is mounted (brush body 21, page 5 paragraph 10, Fig 3); and a second surface for supporting a user's palm (user holds device by hand, page 4 paragraph 4); wherein, in use, the first surface and plate face towards a portion of the user's skin to be treated (Fig 15) and the second surface faces away from the user's skin such that the user's palm faces towards the portion of the user's skin to be treated when using the device (palm could be placed on top of device), wherein the plate is concave (page 6 paragraph 1) and includes a plurality of convex protrusions (brush pins 22), each including a curved contact surface configured to avoid breaking a user's skin, wherein, in use, the plurality of protrusions provide a plurality of contact points on a user's skin (page 5 paragraph 11 and 13), wherein the plate and the plurality of convex protrusions are unitary (page 5 paragraph 12 line 4); wherein the plate and protrusions are formed from metal (page 5 paragraph 12 line 1-3), and wherein the cooling device is thermally coupled to the protrusions and the plate thereby cooling the protrusions and plate (page 6 paragraph 10 and 12).
Park-WO does not explicitly disclose alleviating itching.
However, Hasssall teaches that a plurality of protrusions including a curved contact surface may be used to alleviate itching (abstract, page 5 line 20-22).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO wherein the device alleviates itching as taught by Hassall as this is a known effect of such construction.
Park-WO does not disclose a thermally insulated silicone body, wherein the first and second surfaces are both shaped generally as a five-pointed star, wherein recessed portions between points of the star being configured to receive a user's fingers in use, wherein the plurality of protrusions is arranged in a plurality of single arrays, wherein one single array is arranged on each of the points of the star and each array is arranged such that it extends from a center of the plate towards a tip of the point of the star, wherein the protrusions vary in size and height, such that the size and height of each protrusion in each array decrease with increasing distance from the center of the plate to the tip of the point of the star.
However, Thomas teaches a handheld thermal therapy device having a thermally insulated silicone body (paragraph 60).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO to have a thermally insulated silicone body as taught by Thomas as this would ensure that the thermal therapy would be safe for a user.
Further, Yu teaches wherein the first and second surfaces are both shaped generally as a five-pointed star (Fig 1), wherein recessed portions are configured to receive a user's fingers in use (star shape meant to facilitate holding, page 2 paragraph 4, see Annotated Fig 1), wherein the plurality of protrusions is arranged in a plurality of single arrays, wherein one single array is arranged on each of the points of the star and every array is arranged such that it extends from a center of the plate towards a tip of the point of the star (see Annotated Fig 1).
While Yu does not have a housing such as that in Park, it would be will within the skill of the art to modify the shape of the housing to maintain continuity between the brush portion and the housing portion of Park-WO without changing the internal arrangement. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO wherein the first and second surfaces are both shaped generally as a five-pointed star, wherein recessed portions being configured to receive a user's fingers in use, wherein the plurality of protrusions is arranged in a plurality of single arrays, wherein one single array is arranged on each of the points of the star and every array is arranged such that it extends from a center of the plate towards a tip of the point of the star, wherein each array extends from a center of the first surface as taught by Yu as this constitutes a change in shape that may be considered a matter of design choice (MPEP 2144.04 IV B) which a person of ordinary skill in the art would have found obvious for the purpose of making the device easier to handle (Yu: page 2 paragraph 3).
Further, Park-US teaches wherein it is known to control and alter the heights of the protrusions across the surface (column 5 line 37-54).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO wherein the protrusions vary in size such that the size of each protrusion decreases with increasing distance from the center of the first surface as taught by Park-US as this would allow the device to apply differing pressures and accommodate multiple body parts (Park-US: column 5 line 37-54).
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (WO 2017/069509), hereafter referred to as Park-WO, in view of Hassall (GB 2480647), Thomas (US 2019/0099290), Yu (CN 206462614) and Sedic (US 2019/0117497).
In regards to claim 27, Park-WO discloses a device comprising: a metal plate defining a metal skin interface surface (page 5 paragraph 12 line 1-3), the metal skin interface surface being concave (page 6 paragraph 1); a plurality of rounded metal protrusions integral with and extending out of the metal skin interface surface (brush pins 22, page 5 paragraph 12 line 4), the rounded metal protrusions being configured to scratch without breaking a user's skin (page 5 paragraph 11 and 13), the rounded metal protrusions including (a) a central rounded metal protrusion at the center of the metal skin interface surface (Fig 2) and a body forming a palm support surface opposite the metal skin interface surface for supporting a user's palm (user holds device by hand, page 4 paragraph 4), the body attached to the plate along an outer perimeter of the body proximal to the outer perimeter of the metal plate, the body and metal plate together defining a chamber therebetween; and a cooling device in the chamber in contact with the metal plate for cooling the metal skin interface surface (page 6 paragraph 10 and 12, Fig 3).
Park-WO does not explicitly disclose alleviating itching.
However, Hasssall teaches that a plurality of protrusions may be used to alleviate itching (abstract, page 5 line 20-22) and wherein they are arranged such that most of the metal skin interface surface does not have rounded protrusions (Fig 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO wherein the device alleviates itching and wherein they are arranged such that most of the metal skin interface surface does not have rounded protrusions as taught by Hassall as this is a known structure and resulting effect of such construction.
Park-WO does not disclose the device being star shaped and having a plurality of star points, the respective star points extending radially outward from a center of the metal skin interface surface to a respective tip of each of the star points, the respective tip of each of the star points being along a star- shaped outer perimeter of the star-shaped metal plate, an array of rounded metal protrusions extending radially outward in a straight line along each of the respective star points from the central rounded metal protrusion toward the respective tip of each of the star points in such a way that successive rounded metal protrusions moving radially outward from the central rounded metal protrusion are arranged concentrically about the center with a corresponding rounded metal protrusion on the other star points and a diameter of each successive rounded metal protrusion moving radially outward from the central rounded metal protrusion decreases relative to the previous rounded metal protrusion, wherein each of the respective star points has only one array of rounded metal protrusions such that most of the metal skin interface surface does not have rounded metal protrusions; a star-shaped silicone body attached to the star-shaped metal plate along a star-shaped outer perimeter of the silicone body proximal to the outer perimeter of the star-shaped metal plate, wherein the device for alleviating itching is waterproof.
However, Yu teaches wherein the device is shaped generally as a five-pointed star (Fig 1), the respective star points extending radially outward from a center of the skin interface surface to a respective tip of each of the star points (Fig 1), the respective tip of each of the star points being along a star- shaped outer perimeter, an array of rounded protrusions extending radially outward in a straight line along each of the respective star points from the central rounded protrusion toward the respective tip of each of the star points in such a way that successive rounded metal protrusions moving radially outward from the central rounded protrusion are arranged concentrically about the center with a corresponding rounded protrusion on the other star points, wherein each of the respective star points has only one array of rounded protrusions (see Annotated Fig 1).
While Yu does not have a housing such as that in Park, it would be will within the skill of the art to modify the shape of the housing to maintain continuity between the brush portion and the housing portion of Park-WO without changing the internal arrangement. Further, while Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO wherein the device is shaped generally as a five-pointed star, the respective star points extending radially outward from a center of the skin interface surface to a respective tip of each of the star points, the respective tip of each of the star points being along a star- shaped outer perimeter, an array of rounded protrusions extending radially outward in a straight line along each of the respective star points from the central rounded protrusion toward the respective tip of each of the star points in such a way that successive rounded metal protrusions moving radially outward from the central rounded protrusion are arranged concentrically about the center with a corresponding rounded protrusion on the other star points, wherein each of the respective star points has only one array of rounded protrusions as taught by Yu as this constitutes a change in shape that may be considered a matter of design choice (MPEP 2144.04 IV B) which a person of ordinary skill in the art would have found obvious for the purpose of making the device easier to handle (Yu: page 2 paragraph 3).
Further, Sedic teaches wherein the diameter of the rounded protrusions varies by location of said protrusions (thinner touch points 103 and ticker touch points 132, paragraph 41, Fig 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO wherein a diameter of each successive rounded protrusion moving radially outward from the central rounded protrusion decreases relative to the previous rounded protrusion as taught by Sedic as this would provide differing contacts to vary the devices’ ability to apply therapy to various locations on the user’s body.
Additionally, Thomas teaches wherein the body is silicone (paragraph 60) and wherein the device for alleviating itching is waterproof (paragraph 85).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park-WO wherein the body is silicone and waterproof as taught by Thomas as this is a known material to form such devices and would allow the device to be used in various situations where it might be exposed to water.
Response to Arguments
In regards to the arguments concerning the independent claims 15 and 26, these arguments are not persuasive. Applicant argues against the combination of Yu, alleging that Yu does not provide sufficient reasonable motivation to alter the shape of Park-WO and that such alterations are redundant as Park-WO is already handleable by a user. Examiner disagrees. As shown in the rejections above and the cited passages of Yu, the shape of the device of Yu allows for ease of handling and while Park-WO has a fairly generic shape which may be readily manipulated by a user, as it does not materially alter the functionality of the device, modifying the shape of the device of Park-WO may therefore be considered a simple change of shape which is both reasonable and obvious in light to Yu. Similar arguments are raised with regards to the alterations of height of the prongs using Park-US. Examiner disagrees with this argument as well, based on similar reasoning as the shape change based on Yu, and as indicated in the previous response to arguments seen in previous Non-Final Rejection dated 7/10/2025.
Arguments regarding the amendments are addressed in the new rejections entered above.
Arguments regarding the dependent claims are in regards to their dependency on above argued independent claims and are addressed in the above rejections and arguments concerning those independent claims.
Arguments regarding the new claims are addressed in the new rejections entered above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached Mon-Fri 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached on (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785