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
The amendment filed 08/11/2026 has been entered. Claims 1-6 and 9-15 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection of claims 1-18 previously set forth in the Non-Final Office Action mailed 05/16/2024.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 6 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zumeris et al (US20070232962), hereinafter Zumeris.
Regarding claim 6, Zumeris teaches a handheld ultrasound device (518) (“Our theoretical constructions and experimental results proved that low-power, low-frequency ultrasound (20-120 kHz, 0.05-1.0 W/cm.sup.2) propagated in the form of surface acoustic waves is effective in one or more of the following: inhibiting adhesion, micro-massage, healing processes, tissue fluid interchange, increased growth of capillary, increased pH of tissue liquids, lowered pain syndrome, resistance of thrombus formation, better drug administering, reduced friction, the cleansing of tissue, the removal of necrotic debris, disinfection, the "biostimulation" of cells, blood flow, micromassaging, drying, intensity of drug diffusion, activeness of the coating agents, and wound healing." [0058]; “running surface acoustic waves excitement spread around the actuator, for example, as shown by arrows 211.” [0173]; Fig. 38), comprising:
a housing sized for grasping by a human hand (seen in Fig. 38), the housing defined by an elongated handle portion (532) and a head portion (Fig. 38) extending transversely from an upper end of the handle portion and having a contacting portion (530) interfacing with a subject's skin (“Contact portion 530 is a portion which is placed against the facial skin during treatment.” [0173]);
an actuator comprising a metallic layer disposed within the contacting portion; and a processor (300) and battery (510) comprised within the handle portion and communicably connected to the actuator (“A processor 300 and a battery 510 are placed within a handle 532 of cosmetic device 518.” Fig. 38), wherein the metallic layer is positioned in an outward direction from the contacting portion so as to come into contact with facial skin during treatment (“Reference is now made to FIG. 38, which is an illustration of a hand-held cosmetic device 518, in accordance with embodiments of the present invention. An actuator 200 comprised of a thin piezo-electric plate is placed at a contact portion 530 of cosmetic device 518. Contact portion 530 is a portion which is placed against the facial skin during treatment. Actuator 200 is comprised of a metallic layer and a piezoelectric layer with an electrode thereon. Metallic layer is positioned outward, such that contact with the skin will be made via metallic layer. A processor 300 and a battery 510 are placed within a handle 532 of cosmetic device 518. Actuator is electrically connected to processor 300 and battery 510. Actuator 200 may have a dual-function mode: micro massaging action under the attachment surface and running surface acoustic waves excitement spread around the actuator, for example, as shown by arrows 211.” [0173]. Note that “a piezoelectric layer” is capable of exciting ultrasound waves).
Regarding claim 10, Zumeris teaches a method of rejuvenating a subject's facial skin (“Our theoretical constructions and experimental results proved that low-power, low-frequency ultrasound (20-120 kHz, 0.05-1.0 W/cm.sup.2) propagated in the form of surface acoustic waves is effective in one or more of the following: … micro-massage, healing processes, …, the cleansing of tissue…, the "biostimulation" of cells, blood flow, micromassaging," [0058]), comprising:
activating the handheld ultrasound device according to claim 6 to begin SAW- generation by the actuator (“running surface acoustic waves excitement spread around the actuator, for example, as shown by arrows 211.” [0173]; Fig. 38); and
manipulating the user's facial skin by placing the contacting portion of the handheld device against the user's facial skin (“An actuator 200 comprised of a thin piezo-electric plate is placed at a contact portion 530 of cosmetic device 518. Contact portion 530 is a portion which is placed against the facial skin during treatment… Metallic layer is positioned outward, such that contact with the skin will be made via metallic layer... Actuator 200 may have a dual-function mode: micro massaging action under the attachment surface and running surface acoustic waves excitement spread around the actuator, for example, as shown by arrows 211.” [0173]; Fig. 38).
Regarding claim 11, Zumeris teaches the method according to claim 10, further comprising applying a cosmetic active agent to the facial skin (“Reference is now made to FIG. 39, which is an illustration of a tube 520 of cream…Actuator 200 causes SAW on the cover surface and on the tube surfaces, as shown by arrows 211. The activated surfaces may be attached to the desired surface, for example to the face. Therefore facial micro massage or deeper cream penetration may be achieved.” [0176]).
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Lewis (US20130006153), hereinafter Lewis, in view of Zumeris et al (US20070232962), hereinafter Zumeris.
Regarding claim 1, Lewis teaches a portable ultrasound system (10) comprising:
an energy generating module (20) operative to generate a driving signal (28) that can be transformed into ultrasonic energy, wherein said energy generating module comprises a power source (21), an oscillator (22), and a driver component (23) (“FIG. 1 is a schematic drawing of the portable ultrasound system of the present invention. As shown in FIG. 1, portable ultrasound system 10 includes energy generating module 20 and ultrasound transducer 30. Energy generating module 20 includes power source 21, oscillator 22, and driver component 23, so that energy generating module 20 is operative to generate a driving signal 28 that can be transformed into ultrasonic energy.” [0058]); and
an ultrasound transducer (30) comprising a piezoelectric component (60), said ultrasound transducer being operative to receive the driving signal from the energy generating module, to transform the driving signal into ultrasonic energy, to transmit the ultrasonic energy surface acoustic waves (SAW) (“applying ultrasound energy to a target surface of a subject" [0014]; "According to this method, applying the ultrasound energy to the surface of the subject can be effective to alleviate pain in tissue of the subject in and around the surface."[0135] "The total acoustic power is spread over the entire surface area of the transducer," [0147]), and to control a direction of the ultrasonic energy emitted from the ultrasound transducer (“Ultrasound transducer 30 includes piezoelectric component 60 ... Ultrasound transducer 30 is operative to receive the driving signal 28 from energy generating module 20, to transform the driving signal into ultrasonic energy, and to control the direction of the ultrasonic energy emitted from ultrasound transducer 30.” [0058]. “As shown in FIGS. 5A-5D, ultrasound transducer 30 can be configured to control the direction of emitted ultrasonic energy 35 in various wave patterns, including diverging wave pattern 35a (FIG. 5A), scattering wave pattern 35b (FIG. 5B), focused wave pattern 35c (FIG. 5C), and parallel wave pattern 35d (FIG. 5D).” [0066]), wherein the oscillator and driver component are housed on or within the ultrasound transducer, and the power source is not housed on or within the ultrasound transducer (“Portable ultrasound system 10 can be assembled so that energy generating module 20 is at least partially housed on or within ultrasound transducer 30. In one embodiment of this assembly arrangement, oscillator 22 and driver component 23 are housed on or within ultrasound transducer 30, and power source 21 is housed in housing 40, with cable 51 operatively coupling power source 21 to oscillator 22/driver component 23 (housed on or within ultrasound transducer 30).” [0076]).
Lewis does not teach transmitting surface acoustic waves (SAW) across a portion of facial skin in direct contact with the ultrasound transducer.
However, in the surface acoustic wave skin treatments field of endeavor, Zumeris discloses system and method for surface acoustic wave treatment of skin, which is analogous art. Zumeris teaches transmitting surface acoustic waves (SAW) across a portion of facial skin in direct contact with the ultrasound transducer (200) (“combined SAW/conventional ultrasound” [0126]. “Reference is now made to FIG. 34, which is an illustration of a flexible patch 514 for cosmetic treatment. Flexible patch 514 includes SAW actuators 200, with a processor 300 and at least one battery 510 incorporated therein, and may be attached to the facial skin 402. The depth of SAW propagation may be managed by varying the wave frequency.” [0166]).
Therefore, based on Zumeris’s teachings, 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 invention of Lewis to transmit surface acoustic waves (SAW) across a portion of facial skin in direct contact with the ultrasound transducer, as taught by Zumeris, in order to facilitate cosmetic treatment (Zumeris: [0166]).
Regarding claim 2, Lewis modified by Zumeris teaches the portable ultrasound system according to claim 1, wherein Lewis teaches that the ultrasound energy from the transducer is emitted as pulsed, continuous, or both pulsed and continuous ultrasonic energy (“The portable ultrasound system of the present invention is operative to emit ultrasonic energy as pulsed, continuous, or both pulsed and continuous ultrasonic energy.” [0056]).
Regarding claim 3, Lewis modified by Zumeris teaches the portable ultrasound system according to claim 1, wherein Lewis teaches that the energy generating module comprises a voltage controller (24) operative to control power distribution from the power source to the oscillator and driver component (“As shown in FIG. 2B, in one embodiment, energy generating module 20 can further include voltage controller 24, which is operative to control power distribution (e.g., as an on/off power switch) from power source 21 to oscillator 22 and driver component 23. In a particular embodiment, voltage controller 24 can include on/off controller 24a coupled to transistor switch 24b.” [0061]).
Regarding claim 4, Lewis modified by Zumeris teaches the portable ultrasound system according to claim 3, wherein Lewis teaches that the voltage controller comprises an on/off controller (24a) coupled to a transistor switch (24b) (“voltage controller 24 can include on/off controller 24a coupled to transistor switch 24b.” [0061]; Figs. 3C-D).
Regarding claim 5, Lewis modified by Zumeris teaches the portable ultrasound system according to claim 1.
Lewis does not teach a facial skin care product comprising an active agent for improving a state of the facial skin, and the ultrasound transducer is incorporated into a skin-facing surface of a flexible patch configured to be adhered to the facial skin near the portion of skin.
However, in the surface acoustic wave skin treatments field of endeavor, Zumeris discloses system and method for surface acoustic wave treatment of skin, which is analogous art. Zumeris teaches a facial skin care product comprising an active agent (“an active agent placed on the wound” [0103]) (“applying moisture and/or other cosmetic ingredients to the stratum corneum." [0159]) for improving a state of the facial skin (402), and the ultrasound transducer (200) (“Specific advantages of the combination of ultrasound and SAW" [0124]) is incorporated into a skin-facing surface of a flexible patch (514) configured to be adhered to the facial skin near the portion of skin (“The energy levels may be controlled by medical professionals. Activation of SAW by actuator 200 causes micro streaming of an active agent placed on the wound, resulting in better distribution of the agent on the surface.” [0059]; “combined SAW/conventional ultrasound” [0126]. “The skin is a multi-layered organ. The stratum corneum (SC)--the outermost layer of the skin--presents the principal resistance to the penetration of topically applied compounds, such that the number of molecules currently used in topical and cosmetic dermal delivery is quite limited. Mild treatment of the skin by ultrasound is a commonly practiced method used by cosmeticians for cosmetic skincare. It is a purpose of the present invention to reduce the appearance of fine lines and wrinkles and/or rapidly lighten photodamaged skin by applying moisture and/or other cosmetic ingredients to the stratum corneum." [0159]. “Reference is now made to FIG. 34, which is an illustration of a flexible patch 514 for cosmetic treatment. Flexible patch 514 includes SAW actuators 200, with a processor 300 and at least one battery 510 incorporated therein, and may be attached to the facial skin 402. The depth of SAW propagation may be managed by varying the wave frequency.” [0166]).
Therefore, based on Zumeris’s teachings, 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 invention of Lewis to have a facial skin care product comprising an active agent for improving a state of the facial skin, and the ultrasound transducer that is incorporated into a skin-facing surface of a flexible patch configured to be adhered to the facial skin near the portion of skin, as taught by Zumeris, in order to facilitate cosmetic treatment (Zumeris: [0166]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zumeris as applied to claim 6, and further in view of Pak (KR 100775861), hereinafter, Pak.
Regarding claim 9, Zumeris teaches the handheld ultrasound device according to claim 6.
While Zumeris teaches a massage unit extending from the contacting portion (“Therefore facial micro massage or deeper cream penetration may be achieved.” [0176]; Fig. 38), Zumeris does not teach that the massage unit is detachable.
However, in the skin improvement field of endeavor, Pak discloses skin improvement system having multi-function, which is analogous art. Pak teaches that the massage unit is detachable (“an ultrasonic massage device (B) detachably installed to the lower body and composed of an upper body(3) and an ultrasonic vibrating massage unit(7) emitting the ultrasonic wave and ion;” Abstract. “It is made of a removable (1) and consists of an upper body (3) and consists of an ultrasonic massager (B) for massaging the skin by ultrasonic waves.”; p. 5, l. 26-27; Fig. 2. “As shown in FIG. 3, the ultrasonic massager B protrudes from an ultrasonic vibration massage part 7 toward the front of the upper body 3 and constitutes an ultrasonic vibrator 8 inside the ultrasonic vibration massage part 7.”; p. 5, l. 32-34).
Therefore, based on Pak’s teachings, 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 further modified the invention of Zumeris to have the massage unit that is detachable, as taught by Pak, in order to facilitate unit replacement.
Allowable Subject Matter
Claims 12-15 are allowed over prior art.
Response to Arguments
Applicant's arguments filed 08/11/2026 have been fully considered and are persuasive with respect to claims 1-4 and 12-15. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Lewis in view of Zumeris with respect to claims 1-4.
Response to the 35 U.S.C. §102 and §103 rejection arguments on pages 7-16 of the REMARKS.
Claims 1-6 and 9-15
The Applicant argues that “Because Lewis fails to disclose the surface acoustic wave limitation now recited by claim 1 as amended, claim 1 is not anticipated. Claims 2-4 depend from claim 1 and are allowable for at least the same reasons.” (Page 8). The Examiner agrees and therefore the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Lewis in view of Zumeris with respect to claims 1-4. The Applicant argues that “Because Zumeris '962 does not disclose that its drawings are to scale and is silent as to dimensions, FIG. 38 cannot establish that handle 532 is "elongated," and relative dimensions read off FIG. 38 cannot be relied upon to supply the recited transversely extending head portion. See MPEP § 2125. Applicant respectfully submits that Zumeris '962 does not disclose every element of claim 6 as arranged and claim 6 is not anticipated.” (Pages 8-9). The Examiner respectfully disagrees and notes that Fig. 38 shows a device that is virtually identical to a device pictured in Fig. 7 of the Applicant’s disclosure. The handle 532 is elongated according to Fig. 38. All device features that are recited in claim 6 can be found in Fig. 38 of Zumeris '962. Additionally, the scale and dimensions are not in the claim. The Applicant argues that “Because no single embodiment of Zumeris '962 discloses the method as arranged in claim 12, Applicant respectfully submits that claim 12 is not anticipated.” (Page 11). The Examiner agrees and therefore the rejection has been withdrawn.
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 extension fee 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 ALEXEI BYKHOVSKI whose telephone number is (571)270-1556. The examiner can normally be reached on Monday-Friday: 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui Pho can be reached on 571-272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXEI BYKHOVSKI/
Primary Examiner, Art Unit 3798
