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 .
Response to Amendment
Acknowledgment is made to the amendment received 11/11/2025.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 12 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. Previously, claims 1 and 12 were rejected under 35 U.S.C. 103 as being unpatentable over Hantash in view of Ahn. Now, based on amendments to the claim language, claims 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hantash in view of Ahn and Schomacker.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4, 6-8, 10, 12-13, 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hantash et al., US 20070142885, herein referred to as “Hantash”, in view of Ahn et al., WO 2018124347, herein referred to as “Ahn”, further in view of Schomacker, US 20120158100, herein referred to as “Schomacker”.
Regarding claim 1, Hantash discloses a system for skin treatment (Figures 14A-B), comprising: a handpiece (Figure 14A: handpiece 200); and a cartridge (Figure 14B: tip 199) having a first edge and a second edge substantially perpendicular to the first edge (Figures 14B: tip 199 has a rectangular shape, thus is has a first edge and second edge), the cartridge coupled with a needle tip (Figure 14B: tip 199 and needles 118), the cartridge configured to be detachably mounted on the handpiece ([0073]: “The tip 199 can then be manually detached from the handpiece 200.”); wherein the needle tip comprises a plurality of needles for insertion into skin (Figure 14B: needles 118 and [0073]: “ to force the delivery needles 118 into the skin to a predetermined depth. ”), wherein each needle of the plurality of needles includes an active region (Figure 14B: the distal end of needles 118), wherein each active region is uninsulated and configured to apply electrical energy from the handpiece into the skin ([0073]: “The RF source (not shown) is then pulsed to create treatment zones (not shown) within the skin.”); wherein the needle tip comprises a casing configured to make contact with a skin surface (Figure 14B: vacuum curtain 190 and [0074]); wherein the needle tip is configured to form a negative pressure space within the casing after the casing makes contact with the skin surface and prior to the plurality of needles being inserted into the skin ([0072]: “The needles 118 are surrounded by a vacuum curtain 190 that makes a vacuum seal with the skin (not shown) during treatment.” And [0073]), wherein the negative pressure space suctions and lifts the skin surface into the casing prior to the plurality of needles being inserted into the skin ([0073]: “The vacuum apparatus (not shown) is activated to create a negative pressure between the contact plate 105 and the skin (not shown) to force the delivery needles 118 into the skin to a predetermined depth. ”). Hantash does not explicitly disclose a system wherein each needle of the plurality of needles includes multiple active regions and multiple insulated regions, wherein each insulated region is non-conductive, and wherein the multiple insulated regions include an insulated region at a distal end portion of the needle, or a system wherein the plurality of needles are arranged in a plurality of columns substantially parallel to the first edge of the cartridge and a plurality of rows substantially parallel to the second edge of the cartridge, and the plurality of needles are connected to electrodes of different polarities in an alternating arrangement in the columns and the rows.
However, Ahn teaches a system (Figure 13) wherein each needle (Figure 2) of the plurality of needles (Figure 13: needles 1) includes multiple active regions (Figure 2: conductive part 200 is exposed in multiple places, which act as multiple active regions) and multiple insulated regions (Figure 2: insulating parts 100), wherein each insulated region is non-conductive (Figure 2: insulating parts 100), and wherein the multiple insulated regions include an insulated region at a distal end portion of the needle (Figure 2: end portion 300 is insulated).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system disclosed by Hantash so that each needle of the plurality of needles includes multiple active regions and multiple insulated regions, and wherein the multiple insulated regions include an insulated region at a distal end portion of the needle as taught by Ahn so that energy can be provided to various positions within the skin according to the purpose of any specific procedure (Ahn page 2, paragraph under heading ‘Tech-Problem’).
Further, Schomacker teaches a system (Figure 1) wherein the plurality of needles (Figure 1: needles 50) are arranged in a plurality of columns substantially parallel to the first edge of the cartridge and a plurality of rows substantially parallel to the second edge of the cartridge (Figure 5 and [0065]), and the plurality of needles are connected to electrodes of different polarities in an alternating arrangement in the columns and the rows (Figure 5: zones 108 and 112 and [0065]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system disclosed by Hantash so that the plurality of needles are arranged in a plurality of columns substantially parallel to the first edge of the cartridge and a plurality of rows substantially parallel to the second edge of the cartridge, and the plurality of needles are connected to electrodes of different polarities in an alternating arrangement in the columns and the rows as taught by Schomacker to form a fractional damage pattern (Schomacker [0065]).
Regarding claim 2, Hantash in view of Ahn and Schomacker discloses the system of claim 1, and Ahn further discloses a system wherein the multiple active regions are separated from one another by one or more respective insulated regions (Figure 2: each exposed portion of conductive part 200 is separated from the next by an insulating part 100).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system disclosed by Hantash so that the multiple active regions are separated from one another by one or more respective insulated regions as taught by Ahn so that energy can be provided to various positions within the skin according to the purpose of any specific procedure (Ahn page 2, paragraph under heading ‘Tech-Problem’).
Regarding claim 4, Hantash in view of Ahn and Schomacker discloses the system of claim 1, and Hantash further discloses a system wherein the handpiece (Figure 14B: handpiece 200) comprises an actuator configured to actuate the plurality of needles to insert the plurality of needles into the skin ([0073]: “The vacuum apparatus (not shown) is activated to create a negative pressure between the contact plate 105 and the skin (not shown) to force the delivery needles 118 into the skin to a predetermined depth. ” wherein the means for activating the vacuum apparatus is an actuator).
Regarding claim 6, Hantash in view of Ahn and Schomacker discloses the system of claim 1, and Ahn further discloses a system wherein the plurality of needles is configured to apply electrical energy to the skin at depths corresponding to positions of the active regions (Page 2, two paragraphs under heading ‘Advantageous-Effects’).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system disclosed by Hantash so that the plurality of needles is configured to apply electrical energy to the skin at depths corresponding to positions of the active regions as taught by Ahn so that energy can be provided to various positions within the skin according to the purpose of any specific procedure (Ahn page 2, paragraph under heading ‘Tech-Problem’).
Regarding claim 7, Hantash in view of Ahn and Schomacker discloses the system of claim 1, and Schomacker further discloses a system wherein adjacent pairs of needles of the plurality of needles are configured to be operated as bipolar pairs (Figure 5: zones 108 and zones 112 are operated as bipolar pairs and [0064]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system disclosed by Hantash so that adjacent pairs of needles of the plurality of needles are configured to be operated as bipolar pairs as taught by Schomacker to form a fractional damage pattern (Schomacker [0065]).
Regarding claim 8, Hantash in view of Ahn and Schomacker discloses the system of claim 7, and Schomacker further discloses a system wherein, with respect to a respective adjacent pair of needles, a first needle is connected to a first electrode having a first polarity (Figure 5: zones 108 and [0065]), and a second needle is connected to a second electrode having a second polarity different from the first polarity (Figure 5: zones 112 and [0065]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system disclosed by Hantash so that a first needle is connected to a first electrode having a first polarity and a second needle is connected to a second electrode having a second polarity different from the first polarity as taught by Schomacker to form a fractional damage pattern (Schomacker [0065]).
Regarding claim 10, Hantash in view of Ahn and Schomacker discloses the system of claim 1, and Hantash further discloses a system further comprising: a controller ([0016]: “The RF energy source is operated by a controller unit, which is programmable and is capable of activating a selected group of needle electrodes. ”) configured to control actuation of the plurality of needles ([0016]) and application of the electrical energy through the plurality of needles ([0016] and [0020]); a power supply electrically couplable to the plurality of needles and configured to supply the electrical energy applied through the plurality of needles ([0072]: “The electrical contact pads 211 and 212 are connected to an RF source (not shown). The other end of the electrical contact pads 111 and 112 are connected to the delivery needles 118.”).
Regarding claim 12, Hantash discloses a needle tip for skin treatment (Figure 14B: tip 199), comprising: a casing configured to make contact with skin (Figure 14B: vacuum curtain 190 and [0074]); and a plurality of needles for insertion into the skin (Figure 14B: needles 118 and [0073]: “ to force the delivery needles 118 into the skin to a predetermined depth. ”), the plurality of needles coupled with a cartridge (Figure 14B: tip 199) having a first edge and a second edge substantially perpendicular to the first edge (Figures 14B: tip 199 has a rectangular shape, thus is has a first edge and second edge), wherein each needle of the plurality of needles includes an active region (Figure 14B: the distal end of needles 118), wherein each active region is uninsulated and configured to apply electrical energy from the handpiece into the skin ([0073]: “The RF source (not shown) is then pulsed to create treatment zones (not shown) within the skin.”); wherein the needle tip is configured to form a negative pressure space within the casing after the casing makes contact with the skin surface and prior to the plurality of needles being inserted into the skin ([0072]: “The needles 118 are surrounded by a vacuum curtain 190 that makes a vacuum seal with the skin (not shown) during treatment.” And [0073]), wherein the negative pressure space suctions and lifts the skin surface into the casing prior to the plurality of needles being inserted into the skin ([0073]: “The vacuum apparatus (not shown) is activated to create a negative pressure between the contact plate 105 and the skin (not shown) to force the delivery needles 118 into the skin to a predetermined depth. ”). Hantash does not explicitly disclose a system wherein each needle of the plurality of needles includes multiple active regions and multiple insulated regions, wherein each insulated region is non-conductive, and wherein the multiple insulated regions include an insulated region at a distal end portion of the needle, or a system wherein the plurality of needles are arranged in a plurality of columns substantially parallel to the first edge of the cartridge and a plurality of rows substantially parallel to the second edge of the cartridge, and the plurality of needles are connected to electrodes of different polarities in an alternating arrangement in the columns and the rows.
However, Ahn teaches a needle tip (Figure 2) wherein each needle (Figure 2) of the plurality of needles (Figure 13: needles 1) includes multiple active regions (Figure 2: conductive part 200) and multiple insulated regions (Figure 2: insulating parts 100), wherein each insulated region is non-conductive (Figure 2: insulating parts 100), and wherein the multiple insulated regions include an insulated region at a distal end portion of the needle (Figure 2: end portion 300 is insulated).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the needle tip disclosed by Hantash so that each needle of the plurality of needles includes multiple active regions and multiple insulated regions, and wherein the multiple insulated regions include an insulated region at a distal end portion of the needle as taught by Ahn so that energy can be provided to various positions within the skin according to the purpose of any specific procedure (Ahn page 2, paragraph under heading ‘Tech-Problem’).
Further, Schomacker teaches a system (Figure 1) wherein the plurality of needles (Figure 1: needles 50) are arranged in a plurality of columns substantially parallel to the first edge of the cartridge and a plurality of rows substantially parallel to the second edge of the cartridge (Figure 5 and [0065]), and the plurality of needles are connected to electrodes of different polarities in an alternating arrangement in the columns and the rows (Figure 5: zones 108 and 112 and [0065]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system disclosed by Hantash so that the plurality of needles are arranged in a plurality of columns substantially parallel to the first edge of the cartridge and a plurality of rows substantially parallel to the second edge of the cartridge, and the plurality of needles are connected to electrodes of different polarities in an alternating arrangement in the columns and the rows as taught by Schomacker to form a fractional damage pattern (Schomacker [0065]).
Regarding claim 13, Hantash in view of Ahn and Schomacker discloses the needle tip of claim 12, and Ahn further discloses a needle tip wherein the multiple active regions are separated from one another by one or more respective insulated regions (Figure 2: each exposed portion of conductive part 200 is separated from the next by an insulating part 100).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the needle tip disclosed by Hantash so that the multiple active regions are separated from one another by one or more respective insulated regions as taught by Ahn so that energy can be provided to various positions within the skin according to the purpose of any specific procedure (Ahn page 2, paragraph under heading ‘Tech-Problem’).
Regarding claim 15, Hantash in view of Ahn and Schomacker discloses the needle tip of claim 12, and Ahn further discloses a needle tip wherein the plurality of needles is configured to apply electrical energy to the skin at depths corresponding to positions of the active regions (Page 2, two paragraphs under heading ‘Advantageous-Effects’).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the needle tip disclosed by Hantash so that the plurality of needles is configured to apply electrical energy to the skin at depths corresponding to positions of the active regions as taught by Ahn so that energy can be provided to various positions within the skin according to the purpose of any specific procedure (Ahn page 2, paragraph under heading ‘Tech-Problem’).
Regarding claim 16, Hantash in view of Ahn and Schomacker discloses the needle tip of claim 12, and Schomacker further discloses a needle tip wherein adjacent pairs of needles of the plurality of needles are configured to be operated as bipolar pairs (Figure 5: zones 108 and zones 112 are operated as bipolar pairs and [0064]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the needle tip disclosed by Hantash so that adjacent pairs of needles of the plurality of needles are configured to be operated as bipolar pairs as taught by Schomacker to form a fractional damage pattern (Schomacker [0065]).
Regarding claim 17, Hantash in view of Ahn and Schomacker discloses the needle tip of claim 16, and Schomacker further discloses a needle tip wherein, with respect to a respective adjacent pair of needles, a first needle is connected to a first electrode having a first polarity (Figure 5: zones 108 and [0065]), and a second needle is connected to a second electrode having a second polarity different from the first polarity (Figure 5: zones 112 and [0065]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the needle tip disclosed by Hantash so that a first needle is connected to a first electrode having a first polarity and a second needle is connected to a second electrode having a second polarity different from the first polarity as taught by Schomacker to form a fractional damage pattern (Schomacker [0065]).
Regarding claim 18, Hantash in view of Ahn and Schomacker discloses the system of claim 1, and Hantash further discloses a system further comprising: a controller configured to adjust a pneumatic pressure inside the needle tip to form the negative pressure space ([0073]: “The vacuum apparatus (not shown) is activated to create a negative pressure between the contact plate 105 and the skin (not shown) to force the delivery needles 118 into the skin to a predetermined depth.”).
Regarding claim 19, Hantash in view of Ahn and Schomacker discloses the needle tip of claim 12, and Hantash further discloses a needle tip wherein forming the negative pressure space is based on a controller adjusting a pneumatic pressure inside the needle tip ([0073]: “The vacuum apparatus (not shown) is activated to create a negative pressure between the contact plate 105 and the skin (not shown) to force the delivery needles 118 into the skin to a predetermined depth.”).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Schomacker in view of Ahn.
Regarding claim 20, Schomacker teaches a for skin treatment system (Figure 9) , comprising: a handpiece (Figure 9: handpiece 172); and a needle tip (Figure 9: apparatus 10 and Figure 1) configured to be detachably mounted on the handpiece ([0088]: “Apparatus 10 or 10' can be a portion of handpiece 172, or can be attachable to and/or removable from handpiece 172.”); wherein the needle tip comprises a plurality of needles (Figure 1: needles 50) for insertion into skin ([0011]), wherein each needle of the plurality of needles includes an active region ([0045]) and an insulated region ([0015]: “Each needle can include (i) a shaft covered with an insulating material and (ii) an exposed tip to deliver the RF energy. ”), wherein each active region is uninsulated and configured to apply electrical energy in an energy transmission region from the handpiece into the skin ([0015]: “Each needle can include (i) a shaft covered with an insulating material and (ii) an exposed tip to deliver the RF energy. ”), wherein each insulated region is non-conductive ([0015]: “Each needle can include (i) a shaft covered with an insulating material and (ii) an exposed tip to deliver the RF energy. ”), wherein the needle tip comprises a casing configured to make contact with a skin surface ([0036]: “The wall 14b has an edge 14c for contacting the skin”); wherein the needle tip is configured to form a negative pressure space within the casing after the casing makes contact with the skin surface and prior to the plurality of needles being inserted into the skin ([0006]), wherein the negative pressure space suctions and lifts the skin surface into the casing prior to the plurality of needles being inserted into the skin ([0080] and [0006]). Schomacker does not explicitly disclose a system wherein each needle of the plurality of needles includes multiple active regions and multiple insulated regions, wherein each active region is configured to apply electrical energy in an energy transmission region from the handpiece into the skin such that a first energy transmission region associated with a first active region of the multiple active regions at least partially overlaps with a second energy transmission region associated with a second active region of the multiple active regions, and wherein the multiple insulated regions include an insulated region at a distal end portion of the needle.
However, Ahn teaches a system (Figure 13) wherein each needle (Figure 2) of the plurality of needles (Figure 13: needles 1) includes multiple active regions (Figure 2: conductive part 200 is exposed in multiple places, which act as multiple active regions) and multiple insulated regions (Figure 2: insulating parts 100), wherein each active region is configured to apply electrical energy in an energy transmission region from the handpiece into the skin such that a first energy transmission region associated with a first active region of the multiple active regions at least partially overlaps with a second energy transmission region associated with a second active region of the multiple active regions (Figure 12: the electric field is never 0, thus the energy transmission regions of the multiple active regions must overlap), and wherein the multiple insulated regions include an insulated region at a distal end portion of the needle (Figure 2: end portion 300 is insulated).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system disclosed by Hantash so that each needle of the plurality of needles includes multiple active regions and multiple insulated regions, and wherein the multiple insulated regions include an insulated region at a distal end portion of the needle as taught by Ahn so that energy can be provided to various positions within the skin according to the purpose of any specific procedure (Ahn page 2, paragraph under heading ‘Tech-Problem’).
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.
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/N.W.R./Examiner, Art Unit 3794
/SEAN W COLLINS/Primary Examiner, Art Unit 3794
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