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 .
DETAILED ACTION
This office action is a response to Applicant’s amendments/remarks after non-final rejection filed 2/10/2026.
As filed, claims 1, 2, 8, 10, and 64-73 are pending, wherein claims 64-73 are new; claims 15, 16, 20, 28, 30-32, 35, 39-41, 44, 47, 48, 53, 54, and 60 are withdrawn; and claims 3-7, 9, 11-14, 17-19, 21-27, 29, 33, 34, 36-38, 42, 43, 45, 46, 49-52, 55-59, and 61-63 are cancelled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/12/2025 and 4/16/2026 has been considered by the Examiner.
Drawings
The replacement drawings of Figs. 11-14 were received on2/10/2026. These drawings are acceptable.
Election/Restrictions
Regarding the newly added claims 64-73, these claims are drawn to the elected invention of Group I and thus, these claims will be examined herein with claims 1, 2, 8, and 10.
The Examiner finds that withdrawn claims 15, 16, 20, 28, 30-32, 35, 39-41, 44, 47, 48, 53, 54, and 60 would not be eligible for rejoinder once claims 1, 2, 8, 10, and 64-73 are found to be allowable. See MPEP 821.04. Accordingly, the Examiner would suggest that Applicant cancel claims 15, 16, 20, 28, 30-32, 35, 39-41, 44, 47, 48, 53, 54, and 60.
Response to Amendments/Remarks
Applicant’s amendments/remarks/declaration, filed 2/10/2026, with respect to claims 1, 2, 9, and 10, have been fully considered and are entered. The status for each rejection in the previous Office Action is set out below.
The § 112(a) written description rejection of claims 1, 2, and 8 is withdrawn per amendments.
The § 102(a)(1)/103(a) rejection of claims 1, 2, 8, and 10 by Yin is withdrawn per amendments.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 69 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 69, the claim is dependent of claim 67, wherein claim 67 is dependent of claim 1. Claim 69 recites the phrase, “the treatment week”, wherein the word, “the”, requires antecedent basis, and it is unclear where applicant has defined “a” treatment week in claim 1, 67, or 69. Without antecedent basis, the claim is rendered indefinite.
Claim Objections
Claims 1, 2, 64, 66-68, 70 and 71 are objected to because of the following informalities:
Regarding claim 1, the claim recites the phrase, “to the skin of the mammalian subject”.
Such expression can be clarified by reciting -- to
Regarding claims 2, 66-68, and 70, the claims recite the phrase, “the subject”. For consistency, such expression can be clarified by reciting -- the mammalian subject --.
Regarding claims 64 and 71, the claims recite the phrase, “the subject’s skin”. For consistency, such expression can be clarified by reciting -- the mammalian subject’s skin --.
Appropriate correction is required.
Claims 8, 10, 65, 72, and 73 are objected to as being dependent upon an objected base claim, but would be allowable if the objection of the base claim is corrected.
Conclusion
Claim 69 is rejected.
Claims 1, 2, 8, 10, 64-68, and 70-73 are objected.
Claims 15, 16, 20, 28, 30-32, 35, 39-41, 44, 47, 48, 53, 54, and 60 are withdrawn.
Claims 3-7, 9, 11-14, 17-19, 21-27, 29, 33, 34, 36-38, 42, 43, 45, 46, 49-52, 55-59, and 61-63 are cancelled.
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.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PO-CHIH CHEN whose telephone number is (571)270-7243. The examiner can normally be reached Monday - Friday 10:00 am to 6:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Brooks can be reached at (571)270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PO-CHIH CHEN/Primary Examiner, Art Unit 1621
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