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 Arguments
Applicant’s arguments with respect to claim(s) 1 and 14 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.
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) 1-4, 6-7, 14-18, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Chau (US Patent No. 10525277) in view of Bachinski et al (US Publication 2019/0249601) hereinafter Bachinski.
Regarding claim 1, Chau discloses a device for skin treatment (Figure 1: skincare device 100), comprising:
an LED (light-emitting diode) system including an array of LEDs that are configured to emit light at a first wavelength (Figure 2B: LEDs 210);
a first radiofrequency (RF) system including one or more first RF electrodes that are configured to generate a first electrical signal (Figure 2A: RF electrodes 206); and
a second RF system including one or more second RF electrodes that are configured to generate a second electrical signal (Figure 2A: EMS electrodes 204),
wherein the first RF system, the second RF system, and the LED system are configurable to operate in a first treatment mode causing the device to provide light at the first wavelength (Col. 5, ln 40-44, First Treatment Mode (Detox)).
Chau fails to disclose the first treatment mode causing the device to provide the first electrical signal, the second electrical signal. Chau also fails to disclose wherein the device is configurable to operate at a low power setting in which one or more of the first signal is characterized by a first RF low voltage and the second signal is characterized by a second RF low voltage, and wherein the device is configurable to operate at a high power setting in which one or more of the first signal is characterized by a first RF high voltage and the second signal is characterized by a second RF high voltage.
However, Chau discloses a third treatment mode that delivers light at a second wavelength, the first electrical signal, and the second electrical signal (Col. 5, ln 56-61). Chau further discloses that variations may be implemented without departing from the spirit of the disclosure (Col. 6, ln 22-30). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Chau with wherein the first RF system, the second RF system, and the LED system are configurable to operate in a first treatment mode, causing the device to provide the first electrical signal, the second electrical signal, and light at the first wavelength by modifying the first treatment mode to deliver the first and second electrical signal as taught in the third treatment mode. Such a modification would provide the predictable results of simultaneously delivering benefits such as increasing circulation, reducing swelling, smoothing complexion (Col. 6, ln 61-65), brightening and rejuvenating the skin (Col. 7, ln 24-27), and boosting cellular activity (Col. 7, ln 34-35).
Moreover, Bachinski discloses a device configurable to operate at a low power setting in which one or more of a first signal is characterized by a first low voltage and the second signal is characterized by a second low voltage ([0128] Low Volt Pulsed DC current stimulation (LVPDC) mode 634, also called Low Volt Galvanic stimulation, uses voltage under about 180V to treat acute injuries associated with major tissue trauma with bleeding or swelling), and wherein the device is configurable to operate at a high power setting in which one or more of the first signal is characterized by a first high voltage and the second signal is characterized by a second high voltage ([0128] a High Volt Pulsed DC current stimulation (HVPDC) mode 636, also called High Volt Galvanic stimulation, use voltages to constrict vasculature and reduce edema (swelling)). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Chau with a device configurable to operate at a low power setting in which one or more of a first signal is characterized by a first low voltage and the second signal is characterized by a second low voltage, and wherein the device is configurable to operate at a high power setting in which one or more of the first signal is characterized by a first high voltage and the second signal is characterized by a second high voltage as taught by Bachinski, since such a modification would provide the predictable results of removing excess fluid, increasing blood flow, and decreasing swelling [0128].
Regarding claim 2, Chau discloses wherein the first electrical signal is configured to provide radiofrequency therapy, and the second electrical signal is configured to provide electro-muscular stimulation (EMS) therapy (Figure 2A: EMS and ion infusion electrodes 204, RF electrodes 206).
Regarding claim 3, Chau discloses wherein the LED system is further configured to emit light at a second wavelength, wherein the first RF system, the second RF system, and the LED system are configurable to operate in a second treatment mode, causing the device to provide the first electrical signal, the second electrical signal, and light at the second wavelength (Col. 5, ln 56-61, At block 306, the microcontroller unit 414 causes the skincare device to simultaneously deliver light of a second color different from the first color, electrical impulses, and radio frequency waves without delivering ultrasound waves and negative ions).
Regarding claim 4, the modified Chau discloses the system of claim 3 as discussed above, but fails to disclose wherein the first RF system, the second RF system, and the LED system are configurable to operate in a third treatment mode, causing the device to provide the first electrical signal, the second electrical signal, light at the first wavelength, and light at the second wavelength.
However, Chau discloses a first treatment mode wherein the LED system is configured to provide light at the first wavelength (Col. 5, ln 40-44, At block 302, the microcontroller unit 414 causes the skincare device to simultaneously deliver light of a first color and ultrasound waves without delivering electrical impulses, radio frequency waves, and negative ions) and wherein the first RF system, the second RF system, and the LED system are configurable to operate in a third treatment mode, causing the device to provide the first electrical signal, the second electrical signal, light at the second wavelength (Col. 5, ln 56-61, At block 306, the microcontroller unit 414 causes the skincare device to simultaneously deliver light of a second color different from the first color, electrical impulses, and radio frequency waves without delivering ultrasound waves and negative ions).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Chau with wherein the first RF system, the second RF system, and the LED system are configurable to operate in a third treatment mode, causing the device to provide the first electrical signal, the second electrical signal, light at the first wavelength, and light at the second wavelength by modifying the first treatment mode with the third treatment mode as taught by Chau since such a modification would provide the predictable results of speeding up the treatment process by simultaneously detoxing (first treatment mode) and lifting (third treatment mode).
Regarding claim 6, Chau discloses the one or more first RF electrodes include a first electrode pair operatively connected to the first RF system (Figure 2A: RF electrodes 206); and the one or more second RF electrodes include a second electrode pair operatively connected to the second RF system (Figure 2A: EMS electrodes 204A and 204B), wherein the LED system, the first electrode pair, and the second electrode pair are mounted on a treatment surface at one end of the device (Figure 2: skin contacting surface 200).
Regarding claim 7, Chau discloses the claimed invention but does not disclose expressly the treatment surface having a teardrop shape. It would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the system as taught by Chau with the treatment surface having a circular shape (Figure 2: skin contacting surface 200), because Applicant has not disclosed that the teardrop shape provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant' s invention to perform equally well with circular shape as taught by Chau, because it provides the user with the ability to bring the skin contacting surface in contact with the user’s skin and slide the skincare device across an area on the user’s skin while maintaining contact, and since it appears to be an arbitrary design consideration which fails to patentably distinguish over Chau. Therefore, it would have been an obvious matter of design choice to modify Chau to obtain the invention as specified in the claim(s).
Regarding claim 14, Chau discloses a method for skin treatment (Figure 3: method 300), the method comprising:
receiving a first user input to select a first treatment mode (Col. 5, ln 49-52, The microcontroller unit 414 causes the skincare device to do so in response to detecting user activation of a button), but fails to disclose:
in response to selecting the first treatment mode, providing light at a first wavelength from an LED system, a first electrical signal from a first RF (radiofrequency) system, the first electrical signal characterized by a first RF low voltage, and a second electrical signal from a second RF system the second electrical signal characterized by a second RF low voltage;
receiving a second user input to select a high power setting;
and in response to selecting the high power setting, providing one or more of the first electrical signal at a first RF high voltage and the second electrical signal at a second RF high voltage.
However, Chau discloses a first treatment mode wherein the LED system is configured to provide light at the first wavelength (Col. 5, ln 40-44, At block 302, the microcontroller unit 414 causes the skincare device to simultaneously deliver light of a first color and ultrasound waves without delivering electrical impulses, radio frequency waves, and negative ions) and a third treatment mode configured to provide light at a second wavelength from an LED system, a first electrical signal from a first RF system, and a second electrical signal from a second RF system (Col. 5, ln 56-61, At block 306, the microcontroller unit 414 causes the skincare device to simultaneously deliver light of a second color different from the first color, electrical impulses, and radio frequency waves without delivering ultrasound waves and negative ions). Chau further discloses that variations may be implemented without departing from the spirit of the disclosure (Col. 6, ln 22-30).It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Chau with providing light at a first wavelength from an LED system, a first electrical signal from a first RF (radiofrequency) system, and a second electrical signal from a second RF system by modifying the first treatment method with the first and second electrical signals of the third treatment mode since such a modification would provide the predictable results of simultaneously delivering benefits such as increasing circulation, reducing swelling, smoothing complexion (Col. 6, ln 61-65), brightening and rejuvenating the skin (Col. 7, ln 24-27), and boosting cellular activity (Col. 7, ln 34-35).
Moreover, Bachinski discloses a treatment mode characterized by a first low voltage ([0128] Low Volt Pulsed DC current stimulation (LVPDC) mode 634, also called Low Volt Galvanic stimulation, uses voltage under about 180V to treat acute injuries associated with major tissue trauma with bleeding or swelling), and a high power setting characterized by a high voltage ([0128] a High Volt Pulsed DC current stimulation (HVPDC) mode 636, also called High Volt Galvanic stimulation, use voltages to constrict vasculature and reduce edema (swelling)). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Chau with a treatment mode characterized by a first low voltage, and a high power setting characterized by a high voltage as taught by Bachinski, since such a modification would provide the predictable results of removing excess fluid, increasing blood flow, and decreasing swelling [0128].
Regarding claim 15, Chau discloses configuring the first electrical signal to provide radiofrequency therapy (Figure 2A: RF electrodes 206).
Regarding claim 16, Chau discloses configuring the second electrical signal to provide electro-muscular stimulation (EMS) therapy (Figure 2A: EMS electrodes 204).
Regarding claim 17, Chau discloses receiving a second user input to select a second treatment mode (Col. 5, ln 61-63, For example, the microcontroller unit 414 causes the skincare device to do so in response to detecting user activation of a button), and in response to selecting the second treatment mode, providing light at a second wavelength from the LED system, the first electrical signal from the first RF system, and the second electrical signal from the second RF system (Col. 5, ln 56-61, At block 306, the microcontroller unit 414 causes the skincare device to simultaneously deliver light of a second color different from the first color, electrical impulses, and radio frequency waves without delivering ultrasound waves and negative ions).
Regarding claim 18, Chau discloses receiving a third user input to select a third treatment mode (Col. 5, ln 49-52, The microcontroller unit 414 causes the skincare device to do so in response to detecting user activation of a button) but fails to disclose in response to selecting the third treatment mode, providing light at the first wavelength from the LED system, light at the second wavelength from the LED system, the first electrical signal from the first RF system, and the second electrical signal from the second RF system.
However, Chau discloses a first treatment mode wherein the LED system is configured to provide light at the first wavelength (Col. 5, ln 40-44, At block 302, the microcontroller unit 414 causes the skincare device to simultaneously deliver light of a first color and ultrasound waves without delivering electrical impulses, radio frequency waves, and negative ions) and wherein the first RF system, the second RF system, and the LED system are configurable to operate in a third treatment mode, causing the device to provide the first electrical signal, the second electrical signal, light at the second wavelength (Col. 5, ln 56-61, At block 306, the microcontroller unit 414 causes the skincare device to simultaneously deliver light of a second color different from the first color, electrical impulses, and radio frequency waves without delivering ultrasound waves and negative ions).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Chau with wherein the first RF system, the second RF system, and the LED system are configurable to operate in a third treatment mode, causing the device to provide the first electrical signal, the second electrical signal, light at the first wavelength, and light at the second wavelength by modifying the first treatment mode with the third treatment mode as taught by Chau since such a modification would provide the predictable results of speeding up the treatment process by simultaneously detoxing (first treatment mode) and lifting (third treatment mode).
Regarding claim 22, Chau discloses wherein the array of LEDs and one or more of the first RF electrodes and second RF electrodes are positioned so that LED energy and RF energy are focused on overlapping treatment areas (Figure 2B: LEDs 210; Figure 2A: RF electrodes 206, EMS electrodes 204; Examiner notes that the skin contacting surface 200 which contains the LEDs, the first RF electrodes, and the second RF electrodes would cause overlapping treatment to occur).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Chau (US Patent No. 10525277) in view of Bachinski (US Publication 2019/0249601) and further in view of Boone, III et al (US Publication 2010/0049177) hereinafter Boone.
Regarding claim 5, the modified Chau discloses first and second wavelengths (Col. 5, ln 56-59, At block 306, the microcontroller unit 414 causes the skincare device to simultaneously deliver light of a second color different from the first color), but fails to expressly disclose wherein the first wavelength is between 405 and 420 nanometers, and the second wavelength is between 630 and 660 nanometers.
Chau does disclose that the LEDs are configured to emit one of red light, green light, and blue light (Col. 7, ln 28-31) and further discloses that red light has a wavelength between 635 and 700 nanometers (Col. 7, ln 46-47). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Chau with the second wavelength being between 630 and 660 nanometers by modifying the treatment mode to emit red light since such a modification would provide the predictable result of tightening and reducing fine line wrinkles by building, strengthening, and maximizing cellular structure (Col. 7, ln 46-49).
Boone discloses one or more radiations sources (LEDs) emit visible light having a range of wavelengths between 380 and 750 nanometers [0056]. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the system as taught by Chau with the first wavelength being between 405 and 420 nanometers as taught by Boone since such a modification would provide the predictable results of using light therapy to treat skin conditions [0004].
Claim(s) 10-11 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chau (US Patent No. 10525277) in view of Bachinski (US Publication 2019/0249601) and further in view of Liu et al (US Publication 2014/0214136) hereinafter Liu.
Regarding claim 10, the modified Chau discloses wherein the first electrical signal is characterized by a first duty cycle and the second electrical signal is characterized by a second duty cycle (Examiner notes the first and second electrical signals would have to have a duty cycle in order to be output by the device), but fails to disclose, wherein at least one of the first duty cycle and the second duty cycle are different in the low power setting and the high power-setting.
However, Liu discloses wherein at least one of the first duty cycle and the second duty cycle are different in the low power setting and the high power-setting ([0041] laser control system 30 may control laser unit 14 according to a selected treatment level (e.g., low power level, medium power level, or high-power level. Laser control system 30 may control one or more operational parameters of control laser unit 14, or individual lasers of laser unit 14, such as on/off status, pulse-on time, pulse-off time, pulse duty cycle, pulse frequency, temporal pulse pattern, etc.).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the system as taught by Chau with wherein at least one of the first duty cycle and the second duty cycle are different in the low power setting and the high power-setting as taught by Liu since such a modification would provide the predictable results of a customizable treatment protocol as more severe skin conditions may need to be treated in a higher power setting in order for the therapy to be effective.
Regarding claim 11, the modified Chau discloses wherein the first electrical signal is characterized by a first duty ratio, and the second electrical signal is characterized by a second duty ratio (Examiner notes the first and second electrical signals would have to have a duty ratio in order to be output by the device), but fails to disclose wherein at least one of the first duty ratio and the second duty ratio are different in the low power setting and the high-power setting.
However, Liu discloses wherein at least one of the first duty ratio and the second duty ratio are different in the low power setting and the high-power setting ([0041] Laser control system 30 may control laser unit 14 according to a selected treatment level (e.g., low power level, medium power level, or high-power level. Laser control system 30 may control one or more operational parameters of control laser unit 14, or individual lasers of laser unit 14, such as on/off status, pulse-on time, pulse-off time, pulse duty cycle, pulse frequency, temporal pulse pattern, etc.).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the system as taught by Chau with wherein at least one of the first duty ratio and the second duty ratio are different in the low power setting and the high-power setting as taught by Liu since such a modification would provide the predictable results of a customizable treatment protocol as more severe skin conditions may need to be treated in a higher power setting in order for the therapy to be effective.
Regarding claim 19, the modified Chau discloses wherein in response to receiving the first user input, the first electrical signal is provided at a first duty ratio and the second electrical signal is provided at a second duty ratio (Examiner notes the first and second electrical signals would have to have a duty ratio in order to be output by the device), but fails to disclose wherein in response to selecting the high power setting, providing the first electrical signal at a third duty ratio, wherein the third duty ratio is higher than the first duty ratio.
However, Liu discloses wherein in response to selecting the high power setting, providing the first electrical signal at a third duty ratio, wherein the third duty ratio is higher than the first duty ratio ([0041] Laser control system 30 may control one or more operational parameters of control laser unit 14, or individual lasers of laser unit 14, such as on/off status, pulse-on time, pulse-off time, pulse duty cycle, pulse frequency, temporal pulse pattern, etc.).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Chau with receiving a second user input to select a high power setting; and in response to selecting the high power setting, providing the first electrical signal at a third duty ratio, wherein the third duty ratio is higher than the first duty ratio as taught by Liu since such a modification would provide the predictable results of customizable treatment protocol as more severe skin conditions may need to be treated in a higher power setting in order for the therapy to be effective.
Regarding claim 20, the modified Chau discloses the system of claim 19 as discussed above, but fails to disclose in response to selecting the high-power setting, providing the second electrical signal at a fourth duty ratio, wherein the fourth duty ratio is higher than the second duty ratio.
However, Liu discloses in response to selecting the high-power setting, providing the second electrical signal at a fourth duty ratio, wherein the fourth duty ratio is higher than the second duty ratio ([0041] Laser control system 30 may control laser unit 14 according to a selected treatment level (e.g., low power level, medium power level, or high-power level. Laser control system 30 may control one or more operational parameters of control laser unit 14, or individual lasers of laser unit 14, such as on/off status, pulse-on time, pulse-off time, pulse duty cycle, pulse frequency, temporal pulse pattern, etc.).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Chau with in response to selecting the high-power setting, providing the second electrical signal at a fourth duty ratio, wherein the fourth duty ratio is higher than the second duty ratio as taught by Liu since such a modification would provide the predictable results of customizable treatment protocol as more severe skin conditions may need to be treated in a higher power setting in order for the therapy to be effective.
Claim(s) 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Chau (US Patent No. 10525277) in view of Bachinski (US Publication 2019/0249601) and further in view of Schwarz et al (US Publication 2020/0324133) hereinafter Schwarz.
Regarding claim 12, the modified Chau discloses the system of claim 1 as discussed above, but fails to disclose wherein the device is configurable by a user to operate at one of a long treatment mode and a short treatment mode.
However, Schwarz discloses wherein the device is configurable by a user to operate at one of a long treatment mode and a short treatment mode ([0424] The power output variation step may have time duration in the range of 0.1 s to 10 min or 0.1 s to 5 min).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the system as taught by Chau with wherein the device is configurable by a user to operate at one of a long treatment mode and a short treatment mode as taught by Schwarz since such a modification would provide the predictable results of creating a customizable treatment protocol as different skin conditions may require short or longer sessions to be effectively treated.
Regarding claim 13, the modified Chau discloses the system of claim 12 as discussed above, but fails to disclose wherein the device operates for ten minutes in the long treatment mode, and the device operates for three minutes in the short treatment mode.
However, Schwarz discloses wherein the device operates for ten minutes in the long treatment mode, and the device operates for three minutes in the short treatment mode ([0424] The power output variation step may have time duration in the range of 0.1 s to 10 min or 0.1 s to 5 min).
It would have been obvious before the effective filing date of the claimed invention to further modify the system as taught by Chau with the device operating for ten minutes in the long treatment mode, and the device operating for three minutes in the short treatment mode as taught by Schwarz since such a modification would provide the predictable results of creating a customizable treatment protocol as different skin conditions may require short or longer sessions to be effectively treated.
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Chau (US Patent No. 10525277) in view of Bachinski (US Publication 2019/0249601) and Liu (US Publication 2014/0214136), and further in view of Schwarz (US Publication 2020/0324133).
Regarding claim 21, the modified Chau discloses wherein in response to receiving one of the first user input and the second user input, the first and second electrical signals and light at the first wavelength are provided for a first duration (Examiner notes the first and second electrical signals and light at the first wavelength would have to be provided for a first duration in order to be delivered to the user), but fails to disclose receiving a third user input to select a short treatment mode; and in response to selecting the short treatment mode, providing, for a second duration, the first and second electrical signals and light at the first wavelength wherein the second duration is shorter than the first duration.
However, Schwarz discloses a short treatment mode; providing, for a second duration, the treatment wherein the second duration is shorter than the first duration ([0424] The power output variation step may have time duration in the range of 0.1 s to 10 min or 0.1 s to 5 min).
It would have been obvious to one of ordinary skill in the art to further modify system as taught by Chau with the short treatment mode providing, for a second duration, the treatment wherein the second duration is shorter than the first duration as taught by Schwarz since such a modification would provide the predictable results of creating a customizable treatment protocol as different skin conditions may require short or longer sessions to be effectively treated.
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 WILLOW GRACE WELCH whose telephone number is (703)756-1596. The examiner can normally be reached Usually M-F 8:00am - 4:00pm.
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/WILLOW GRACE WELCH/Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792