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 Objections
Claims 7, 12 and 17 are objected to because of the following informalities:
In claim 7, starting on line 3, the recitation of "a generating module operative ...and the power source is not housed on or within the ultrasound transducer” is essentially the same as in claim 1 and should be deleted because it is recited after the end of the claim (… plate.) and appears to be a typographical error or the claim should be rewritten to properly incorporate all limitations within a single sentence.
In claim 12, the last line, the "quality the facial skin” should read –quality of the facial skin--.
In claim 17, lines 1 and 2, the "actuator actuators” should read –actuator or actuators--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 7 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 pre-AIA the applicant regards as the invention.
Claim 7 recites "wherein the metallic layer of the actuator is a piezoelectric plate.” A person of ordinary skill in the art would not understand how the metallic layer of the actuator can be a piezoelectric plate because piezoelectric plates are not metallic layers, rather they are semiconductors, dielectrics, or ceramics. For examination purposes, Examiner of record interprets this limitation as the metallic layer of the actuator being fabricated on a piezoelectric plate or the actuator comprising the metallic layer and a piezoelectric plate.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-4 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-4 of copending Application No. 17646715. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lewis (US20130006153), hereinafter Lewis.
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, 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]).
Regarding claim 2, Lewis teaches the portable ultrasound system according to claim 1, wherein 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 teaches the portable ultrasound system according to claim 1, wherein 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 teaches the portable ultrasound system according to claim 3, wherein 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).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lewis as applied to claim 1, and further in view of Zumeris et al (US20070232962), hereinafter Zumeris.
Regarding claim 5, Lewis 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]).
Claims 6-8, 10-13, 15, and 17 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 7, Zumeris teaches the handheld ultrasound device according to claim 6, wherein the metallic layer of the actuator is a piezoelectric plate (“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.” [0173]).
Regarding claim 8, Zumeris teaches the handheld ultrasound device according to claim 6, wherein the actuator is configured to have multiple function modes, the multiple function modes comprising a micro- massaging action of facial skin interfacing with the contacting portion (“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]).
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]).
Regarding claim 12, Zumeris teaches a method of treating a subject's facial skin (“attached … to the face. Therefore facial micro massage or deeper cream penetration may be achieved.” [0176]), comprising:
providing a facial skin care product (520) comprising an active ingredient (the “cream” or its ingredient [0176]) for improving skin quality to a portion of 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]);
directing acoustic energy in the form of surface acoustic waves (SAW) at the portion of facial skin comprising the facial skin care product (“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]), causing the SAW to propagate along a boundary layer of the facial skin (“Surface or Rayleigh waves travel along the boundary between two different media, penetrating to a depth of about one wavelength." [0062]; Figs. 21, 24, 28, 31, 34), wherein the SAW enable the active ingredient to penetrate a stratum corneum layer of the skin and be delivered to sub-dermal tissue (“Thus, an ex-vivo experiment was conducted to test SAW effectiveness in penetrating liquid molecules into skin layers. Permeability of dye was investigated using guinea pig skin and Trypan Blue stain. Briefly, the skin was clipped free from hair and a hand-held device such as cosmetic device 518 depicted in FIG. 38 having a SAW actuator thereon, was brought into contact with skin so as to face the hair side. The dye was interposed between the PZT element and the skin. An energy of I.sub.SPTA=55 mW/cm.sup.2 was applied for 20 minutes. Transverse cuts of both skin examples (activated and control) revealed penetration of dye into guinea pig skin as a result of exposure to SAW.” [0181]) to improve quality of the facial skin (“Therefore facial micro massage or deeper cream penetration may be achieved.” [0176]).
Regarding claim 13, Zumeris teaches the method according to claim 12, wherein directing acoustic energy in the form of SAW comprises using 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: … micro-massage, healing processes, …, the "biostimulation" of cells, blood flow, micromassaging," [0058]; “running surface acoustic waves excitement spread around the actuator, for example, as shown by arrows 211.” [0173]; Fig. 38) to direct the acoustic energy to the portion of the facial skin comprising the facial skin care product (“when actuator 200 is applied directly to the skin, frequencies may be in a range of 0.1 Hz-10 MHz. When an interface is present, such as a cream, … frequencies may be in a range of 1 KHz-20 KHz so as to provide higher energy waves that can penetrate the interface." [0066]; “it is possible to cause micro-streaming, depth penetration of liquids, homogenization of cream particles" [0085]; “SAW activated devices and patches can enhance delivery of a wide variety of skin and spot whitening molecules, thus enhancing the power of common skin whitening cosmetic ingredients, the decrease of hyper-pigmentation skin discoloration, sun, and age spots significantly faster than ordinary cosmetic creams alone.” [0165]; “SAW are propagated into the cosmetic agent, activating chemical components and causing specific distributions of the cosmetic agent.” [0170]), the handheld ultrasound device comprising a handle portion (532) and a head portion (seen in 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]) comprising the facial skin care product, the contacting portion comprising a piezo actuator (200) disposed in a skin-contacting surface thereof so as come in direct contact with the facial skin (“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 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]).
Regarding claim 15, Zumeris teaches the method according to claim 13, wherein directing acoustic energy in the form of SAW using the handheld ultrasound device results in acoustic pressure creating a micro- cavitation effect on the portion of the skin, wherein the micro-cavitation results in a temperature increase that is desirable for the treating of the subject's skin (“actuator 200 is ring-shaped, or multiple actuators 200 may be circularly arranged. This configuration allows for standing waves to be created in the center portion, thus concentrating acoustic pressure and creating a micro-cavitation effect. The cavitation creates momentum temperature increasing to about 70.degree. C.” [0167]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zumeris as applied to claim 8, and further in view of Pak (KR 100775861), hereinafter, Pak.
Regarding claim 9, Zumeris teaches the handheld ultrasound device according to claim 8.
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Zumeris as applied to claim 13, and further in view of Zumeris et al (US 20070244423), hereinafter, Zumeris 423.
Regarding claim 14, Zumeris teaches the method according to claim 13, wherein the SAW are high frequency and low energy elastic waves with a vibration amplitude in a range of nanometers (“in the nanometer range” [0059]) generated by the piezo actuator (“Upon receipt of an electrical signal from processor 300, actuator 200 is capable of generating high frequency mechanical vibrations, in a range from KHz to MHz. These high frequency mechanical vibrations create surface acoustic waves (SAW) 121 (in the nanometer range) on external surface 110 of skin 402, and also penetrate into some of the deeper layers of skin 402, as will be described in further detail hereinbelow.” [0059]).
Zumeris does not teach that the SAW are high frequency and low energy elastic waves with a vibration amplitude in a range of from 0.2 to 2 nanometers.
However, in the surface acoustic waves applications field of endeavor, Zumeris 423 discloses acoustic add-on device for biofilm prevention in urinary catheter, which is analogous art. Zumeris 423 teaches that the SAW are high frequency and low energy elastic waves with a vibration amplitude in a range of from 0.2 to 2 nanometers (“the mechanical amplitudes of surface acoustic waves are in the range of from about 0.1 to about 5 nanometers.” [0116]).
Therefore, based on Zumeris 423’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 SAW that are high frequency and low energy elastic waves with a vibration amplitude in a range of from 0.2 to 2 nanometers, as taught by Zumeris 423, in order to facilitate skin treatments using the surface acoustic waves of Rayleigh-Lamb and/or Love type (Zumeris 423: [0046]).
Claims 16 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zumeris.
Regarding claim 16, Zumeris teaches the method according to claim 12, wherein directing acoustic energy in the form of SAW at the portion of facial skin comprising the facial skin care product comprises applying a flexible patch to the facial skin at a location corresponding or in close proximity to the portion of facial skin comprising the facial skin care product, the flexible patch having a size ranging from 1-60 cm2 and comprising an actuator having a size ranging from 0.5 - 4 cm2, wherein, upon activation, the actuator converts a driving signal into SAW propagating along a boundary layer of the facial skin and the flexible patch (“Reference is now made to FIG. 35, which is an illustration of flexible patch 514, in accordance with embodiments of the present invention. Flexible patch 514 is relatively large (in a range of about 1-50 cm.sup.2), while actuator 200 is relatively small (in a range of about 0.5-3 cm.sup.2).” [0168]).
While the ranges disclosed by Zumeris are slightly narrower than the ranges as claimed, In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). In the instant case, the claimed ranges overlap with the ranges disclosed by Zumeris. MPEP 2144.05 - Obviousness of Similar and Overlapping Ranges, Amounts, and Proportions.
Therefore, 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 Zumeris to have the flexible patch having a size ranging from 1-60 cm2 and comprising an actuator having a size ranging from 0.5 - 4 cm2, in order to provide acoustic energy in the form of SAW in a broader range of the flexible patch and actuator sizes.
Regarding claim 17, Zumeris teaches the method according to claim 16, wherein the flexible patch comprises a circular actuator or actuators provided in a circular arrangement to generate standing waves in a central overlapping portion of the facial skin and provide a focused treatment of acoustic energy on the central portion (“Reference is now made to FIG. 12, which is an illustration of another embodiment of the present invention, wherein SAW focused standing waves 123 are created with serial IDT 205 actuators placed in a circular configuration. This type of configuration may be useful for IDT 205 actuators, since IDT 205 actuators tend to create weak SAW; thus, it may be advantageous to focus the energy concentration. By placing IDT 205 actuators in a circular configuration, running waves propagating in a direction shown by arrows 211 (to the center of the circular configuration) will interfere with each other in the center, thus creating an area of standing waves 123 with much higher acoustic power.” [0092]. “A focused effect such as the one described above with respect to FIGS. 12 and 13 may also be obtained by using a ring-shaped piezo-element for activating portion 282 of actuator 200. Running waves are directed inwardly, towards a center of the ring-shaped piezo-element. Interaction of these running waves with one another causes formation of standing waves at the center. The minimal thickness of a ring-shaped piezo-element for this purpose may be in the order of 0.05 mm to 0.1 mm. The inner radius of the ring-shaped piezo-element may be in the order of 1-100 mm. [0094]).
Regarding claim 18, Zumeris teaches the method according to claim 16, wherein the flexible patch comprises an absorbing material (516) around its edges to reflect the SAW and cause chaotic dispersion of the SAW on the portion of the facial skin treated by the flexible patch (“Flexible patch 514 further includes an absorbing material 516 at its edges, which can reflect waves. Thus, a chaotic SAW effect may be achieved on the area treated by flexible patch 514. The chaotic directions of SAW are illustration by arrows 410.” [0168]; Fig. 35).
Conclusion
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/ALEXEI BYKHOVSKI/
Examiner, Art Unit 3793
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