Prosecution Insights
Last updated: July 17, 2026
Application No. 17/733,365

APPLICATOR WITH CARTRIDGES CONFIGURED TO DELIVER MICROCURRENT FOR SKIN TREATMENT

Non-Final OA §103
Filed
Apr 29, 2022
Examiner
STRACHAN, KATE ELIZABETH
Art Unit
3781
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
L'Oréal
OA Round
3 (Non-Final)
46%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
46 granted / 99 resolved
-23.5% vs TC avg
Strong +30% interview lift
Without
With
+29.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
34 currently pending
Career history
152
Total Applications
across all art units

Statute-Specific Performance

§103
97.8%
+57.8% vs TC avg
§102
1.8%
-38.2% vs TC avg
§112
0.2%
-39.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 99 resolved cases

Office Action

§103
CTNF 17/733,365 CTNF 96706 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Continued Examination Under 37 CFR 1.114 07-42-04 AIA A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/6/2026 has been entered. 12-151 AIA 26-51 12-51 Status of Claims Claims 1-9, 11-17, and 19-20 are pending and currently under consideration for patentability. Claims 1, 11 and 17 have been amended. Claim 18 has been cancelled. Response to Arguments Applicant’s arguments with respect to claim(s) 1-9, 11-17, and 19-20 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 07-06 AIA 15-10-15 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 (i.e., changing from AIA to pre-AIA) 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim s 1-2, 4-9, and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Giraurd (US 10492980 B2) in view of Toyota (CN 102573775 A) in view of Nagel (US 20210282479 A1) . Regarding Claim 1 , Giraurd teaches a skin care system (A) (figs. 1-4) comprising: a dispensing device (1) configured to administer a light therapy and a microcurrent treatment; and an applicator (2) configured to apply a formula (col. 6, lines 32-46: "cosmetic product"), comprising: a reservoir (41) configured to hold the formula, a first roller ball (23) configured to apply the formula (col. 6, lines 32-46), a connection configured to attach the cartridge to the dispensing device (fig. 1-4), and a microcontroller (10, 46) configured to direct the dispensing device to apply the microcurrent treatment (col. 6, lines 46-53). Giraurd fails to teach wherein the circuitry configured for measuring a hydration of a surface, wherein the first roller ball is further configured for measuring the hydration as the roller ball moves over the surface. Toyota teaches a cosmetic tool wherein the circuitry configured for measuring a hydration of a surface, as the roller ball moves over the surface (paragraph [0028] rolling ball viscosity test). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Giraurd so wherein the circuitry configured for measuring a hydration of a surface, wherein the first roller ball is further configured for measuring the hydration as the roller ball moves over the surface, similar to Toyota, so see how the treatment is affecting the skin. The combination fails to teach measuring a hydration of a surface with the microcurrent treatment. In the same field of endeavor Nagel teaches an apparatus for applying electric current to skin including measuring a hydration of a surface with the microcurrent treatment (paragraph [0004]-[0005]). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Giruard to measure a hydration of a surface with the microcurrent treatment, similar to Nagel, so that the system can transmit signals without any danger to the skin of the user. Regarding Claim 2 , Giraurd in view of Toyota and Nagel teaches the skin care system of Claim 1. Giraurd further teaches wherein the light therapy and the microcurrent treatment are administered simultaneously with the application of the formula (col. 6, lines 32-59; col. 7, lines 9-50). Regarding Claim 4 , Giraurd in view of Toyota and Nagel teaches the skin care system of Claim 1. Giraurd further teaches wherein the dispensing device administers light therapy through one or more light sources (column 7, lines 14-25). Regarding Claim 5 , Giraurd in view of Toyota and Nagel teaches the skin care system of Claim 4. Giraurd further teaches wherein the one or more light sources are a ring of LEDs (61) around a top of the dispensing device (figure 4). Regarding Claim 6 , Giraurd in view of Toyota and Nagel teaches the skin care system of Claim 4. Giraurd further teaches wherein the applicator further comprises a clear attachment so that the light from the one or more light sources on the dispensing device can pass through the attachment to administer the light therapy (Col. 7, lines 45-50). Regarding Claim 7 , Giraurd in view of Toyota and Nagel teaches the skin care system of Claim 1. Giraurd further teaches wherein the applicator further comprises: a comparator (50); and at least a second metal roller ball wherein the first roller ball and the second roller ball distribute microcurrent treatment (Fig. 4) (col. 6, line 63-col. 7, line 13). Regarding Claim 8 , Giraurd in view of Toyota and Nagel teaches the skin care system of Claim 7. Giraurd further teaches wherein the comparator is inside the dispensing device (Fig. 4) (col. 6, line 63-col. 7, line 13). Regarding Claim 9 , Giraurd in view of Toyota and Nagel teaches the skin care system of Claim 9. Giraurd further teaches wherein the applicator further comprises one or more wires (Figure 4; wires connect 52 and 53) to apply current to the first metal roller ball and the second metal roller ball from the comparator inside the dispensing device (Fig. 4: wires connect 52 and 53) (col. 6, line 63-col. 7, line 13). Regarding Claim 11, Giraurd teaches the method of administering multiple skin treatments, using the device of Claim 1. the method comprising: selecting an applicator filled with a formula: placing the applicator (2) into the dispensing device (col. 6, lines 32-46: "cosmetic product"): identifying a microcurrent treatment to apply based on the applicator (col. 6, lines 46-53): applying the formula (column 6, lines 32-47) administering light therapy (column 7, lines 14-24): and administering the microcurrent treatment (col. 6, lines 46-53). Giraurd fails to teach wherein the circuitry configured for measuring a hydration of a surface, wherein the first roller ball is further configured for measuring the hydration as the roller ball moves over the surface. Toyota teaches with a roller ball of the applicator; measuring the hydration of a surface with the roller ball of the applicator (paragraph [0028] rolling ball viscosity test). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Giraurd so wherein the circuitry configured for measuring a hydration of a surface, wherein the first roller ball is further configured for measuring the hydration as the roller ball moves over the surface, similar to Toyota, so see how the treatment is affecting the skin. In the same field of endeavor Nagel teaches an apparatus for applying electric current to skin including measuring a hydration of a surface with the microcurrent treatment (paragraph [0004]-[0005]). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Giruard to measure a hydration of a surface with the microcurrent treatment, similar to Nagel, so that the system can transmit signals without any danger to the skin of the user. Regarding Claim 12 , Giraurd in view of Toyota and Nagel method of Claim 11. Giraurd further teaches wherein applying of the formula, the administering the light therapy, and administering the microcurrent treatment is done simultaneously (column 3, lines 14-19). Regarding Claim 13 , Giraurd in view of Toyota and Nagel method of Claim 11. Giraurd further teaches wherein the dispensing device administers light therapy through one or more light sources (column 7, lines 14-25). Regarding Claim 14 , Giraurd in view of Toyota and Nagel teaches the method of Claim 13. Giraurd further teaches wherein the one or more light sources are a ring of LEDs (61) around a top of the dispensing device (figure 4). Regarding Claim 15 , Giraurd in view of Toyota and Nagel method of Claim 11. Giraurd further teaches wherein the method further comprises identifying the formula in the applicator with the dispensing device (col. 6, lines 32-46: "cosmetic product"). Regarding Claim 16 , Giraurd in view of Toyota and Nagel method of Claim 11. Giraurd further teaches wherein the method further comprises removing the applicator and placing a second applicator into the dispensing device to administer a second microcurrent treatment and/or a second formula (column 3, lines 55-60). Regarding Claim 17 , Giraurd in view of Toyota and Nagel method of Claim 11. Giraurd further teaches wherein the method further comprises: outputting a voltage through a comparator in the applicator (col. 6, lines 47-53) ; and distributing a current with two or more metal balls in a roller ball (23) of the applicator to administer microcurrent treatment (col. 6, lines 32-46) . 07-21-aia AIA Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Giraurd (US 10492980 B2) and Toyota (CN 102573775 A) in view of Nagel (US 20210282479 A1) in view of Planard- Luong (FR 3002148 A1) . Regarding Claim 3 , Giraurd in view of Toyota and Nagel teaches the skin care system of Claim 1. Giraurd fails to teach wherein the dispensing device is configured to apply two or more wavelengths of light therapy simultaneously. Planard- Luong teaches a cosmetic skin treatment wherein the dispensing device is configured to apply two or more wavelengths of light therapy simultaneously (figure 1) (paragraphs 1-3 of description). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify system of Giraurd so the dispensing device is configured to apply two or more wavelengths of light therapy simultaneously as to allow for more than one treatment at a time . 07-21-aia AIA Claim s 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Giraurd (US 10492980 B2) and Toyota (CN 102573775 A) in view of Nagel (US 20210282479 A1 in view of Vandier (US 2018/0352937 A1) . Regarding Claim 18 , Giraurd in view of Toyota and Nagel teaches the skin care system of Claim 11. Giraurd fails to teach wherein the method further comprises measuring the hydration of a surface. Vandier teaches a mask for analyzing parameters of the face wherein the method further comprises measuring the hydration of a surface (figure 1)(paragraph [0029]). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify system of Giraurd so the applicator further comprises circuitry to measure the hydration of the surface to alert the user to factors aggravating undesirable cutaneous changes similar to Vandier (as motivated by Vandier, paragraph [0025]). Regarding Claim 19 , Giraurd in view of Toyota and Nagel and Vandier teaches the method of Claim 18. The combination further teaches wherein the surface is a human face (Giraurd, col. 6, lines 32-46: "cosmetic product") (Vandier, paragraph [0025]). Regarding Claim 20 , Giraurd in view of Toyota and Nagel and Vandier teaches the method of Claim 18. Giraurd alone fails to explicitly teach wherein the measuring of the hydration of a surface happens simultaneously with the microcurrent treatment. However, Giraurd does teach wherein the other treatments happen at the same time, and Vandier provides the motivation to measuring hydration at the same time as a face procedure as to alert the user to factors aggravating undesirable cutaneous changes (Vandier, paragraph [0025]). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method of Giraurd wherein the measuring of the hydration of a surface happens simultaneously with the microcurrent treatment, similar to Vandier as to alert the user to factors aggravating undesirable cutaneous changes (as motivated by Vandier, paragraph [0025]) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATE ELIZABETH STRACHAN whose telephone number is (571)272-7291. The examiner can normally be reached M-F: 8:00-5:00. 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, Rebecca Eisenberg can be reached on (571)-270-5879. The fax phone number for the organization where this application or proceeding is assigned is (571)-270-5879. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KATE ELIZABETH STRACHAN/Examiner, Art Unit 3781 /REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781 Application/Control Number: 17/733,365 Page 2 Art Unit: 3781 Application/Control Number: 17/733,365 Page 3 Art Unit: 3781 Application/Control Number: 17/733,365 Page 4 Art Unit: 3781 Application/Control Number: 17/733,365 Page 5 Art Unit: 3781 Application/Control Number: 17/733,365 Page 6 Art Unit: 3781 Application/Control Number: 17/733,365 Page 7 Art Unit: 3781 Application/Control Number: 17/733,365 Page 8 Art Unit: 3781
Read full office action

Prosecution Timeline

Apr 29, 2022
Application Filed
Jun 03, 2025
Non-Final Rejection mailed — §103
Sep 04, 2025
Response Filed
Dec 05, 2025
Final Rejection mailed — §103
Feb 05, 2026
Response after Non-Final Action
Apr 27, 2026
Request for Continued Examination
Apr 30, 2026
Response after Non-Final Action
Jun 02, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
46%
Grant Probability
76%
With Interview (+29.8%)
3y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 99 resolved cases by this examiner. Grant probability derived from career allowance rate.

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