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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed and examiner acknowledges the foreign priority date given of 12/16/2021.
Response to Amendment
The examiner acknowledges the amendments made to the claims 1,3 and 4 with claim 2 canceled in prosecution and new claim 5 added. Currently claims 1, 3-5 are pending in the present application.
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 (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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Weber (US Patent No 20080200969).
Regarding claim 5, Weber teaches a high-frequency energy transmission device configured to noninvasively transmit high-frequency energy to a deep layer of a skin (apparatus for delivering high frequency energy via adjacent delivery to the deep tissue, [abstract]), the high-frequency energy transmission device comprising: a tip (assembly or treatment tip 14, [0041]); a handpiece mechanically and electrically connected with the tip (handpiece 10); and a controller electrically connected with the handpiece (controller 32 which is directly connected to the handpiece 10 via the power supply lines 22, [0049]), wherein the tip comprises: an electrode configured to noninvasively emit high-frequency energy to the deep layer of the skin (wherein the electrode assembly 14 contains electrode 16 and is coupled to a high frequency generator for deliver energy to the target tissue, [0042]), the electrode having a width and a length, the width and the length being same (electrode 16 seen as the second electrode wherein the width and length are the same seen in fig 3); and a plurality of electrode temperature sensors arranged at edges of the electrode, such that the electrode is disposed between the plurality of electrode temperature sensors, wherein the plurality of electrode temperature sensors are arranged to be adjacent to the electrode (see fig 3 which depicts temperature sensors 64 found disposed around the edges of electrode 16 such that the sensors 64 are adjacent and the electrode 16 is disposed therebetween), each of the plurality of electrode temperature sensors being configured to sense a temperature value of a skin surface getting in contact with each of the plurality of electrode temperature sensors to transmit the temperature value to the controller (wherein the sensors 64 are used to measure the skin contact temperature, [0057], and the contact pads 62 and 63 act as a communication path connecting the conductive leads 56 to the controller 32, [0051]), wherein the plurality of electrode temperature sensors include: a first electrode temperature sensor disposed adjacent to a first corner of the electrode; a second electrode temperature sensor disposed adjacent to a second corner of the electrode; a third electrode temperature sensor disposed adjacent to a third corner of the electrode; and a fourth electrode temperature sensor disposed adjacent to a fourth corner of the electrode (see from Weber, fig 3, in which there are four distinct thermal sensors 64 which are depicted to be disposed in each of the four corners of the electrode element 16), wherein the first, second, third, and fourth electrode temperature sensors are disposed symmetrically around the electrode with respect to one another (see from Weber, fig 3, in which there are four distinct thermal sensors 64 which are depicted to be symmetrically placed around the electrode 16 in respect to each other).
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, 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weber (US Patent No 20080200969) in view of Bencini (US Patent No 20150342672).
Regarding claim 1, Weber teaches a high-frequency energy transmission device configured to noninvasively transmit high-frequency energy to a deep layer of a skin (apparatus for delivering high frequency energy via adjacent delivery to the deep tissue, [abstract]), the high frequency transmission device comprising: a tip (assembly or treatment tip 14, [0041]); a handpiece mechanically and electrically connected with the tip (handpiece 10 which is coupled to the electrode assembly tip 14, [0041]), and a controller electrically connected with the handpiece (controller 32 which is directly connected to the handpiece 10 via the power supply lines 22, [0049]) wherein the tip comprises: an electrode configured to noninvasively emit high-frequency energy to the deep layer of the skin (wherein the electrode assembly 14 contains electrode 16 and is coupled to a high frequency generator for deliver energy to the target tissue, [0042]); and a plurality of temperature sensors arranged such that the electrode is disposed between the plurality of temperature sensors (see fig 3 which depicts the temperature sensors 64 arranged such that the electrode 16 is found in between the sensors 64), wherein the plurality of temperature sensors include a pair of first electrode temperature sensors (see contact pads 62 and 63 which form the electrode pairs to create the thermal sensors 64, [0051]), one of the pair being disposed at a position adjacent to a first edge of the first electrode, the first edge extending along the first width, the other of the pair being disposed at a position adjacent to a second edge of the first electrode, the second edge extending along the first width opposite to the first edge (see from the fig 3 in which the right side of the electrode configuration 16 is seen as the first side, and the left side of the electrode 16 is seen as the second side opposite the first side, in which there are thermal sensors 64 found disposed on either side of the electrode 16), wherein the pair of first electrode temperature sensors are disposed in a symmetrical manner with the first electrode being disposed therebetween (see from fig 3, in which the thermal sensors 64 are found symmetrically disposed on either side of the electrode 16), wherein each of the pair of first electrode temperature sensors is configured to sense a temperature value of a skin surface getting in contact with each of the pair of first electrode temperature sensors to transmit the temperature value to the controller (wherein the sensors 64 are used to measure the skin contact temperature, [0057], and the contact pads 62 and 63 act as a communication path connecting the conductive leads 56 to the controller 32, [0051]).
Weber does not explicitly teach wherein the electrode includes a first electrode having a first width and a first length, the first width being longer than the first length.
However, Weber does disclose that the treatment tip electrode may be rectangular, [0006], in which by definition a rectangular shape may contain a first width longer than the length. Furthermore, having a treatment electrode of different shaped structure such as rectangular is obvious and well known in the art, see for example the analogous RF electrode catheter system of Bencini which teaches a rectangular electrode with a first width longer than the length (see the rectangular electrodes 326a of [0071] and fig 7).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the high frequency energy device taught by Weber to contain a rectangular electrode treatment tip as disclosed by Bencini, as it is another known electrode shape in the art to allow for high energy transmission to the specified treatment zone as disclosed by Bencini, [0071].
Regarding claim 3, Weber teaches the high-frequency energy transmission device according to claim 1, further comprising: a controller electrically connected with the handpiece (controller 32 which is directly connected to the handpiece 10 via the power supply lines 22, [0049]), wherein the electrode further includes a second electrode having a second width and a second length, the second width and the length are being same (electrode 16 seen as the second electrode wherein the width and length are the same seen in fig 3); and wherein the plurality of temperature sensors include a plurality of second electrode temperature sensors disposed at edges of the second electrode (see fig 3 which depicts temperature sensors 64 found disposed around the edges of electrode 16), and wherein the plurality of second electrode temperature sensors are arranged to be adjacent to the second electrode (sensor 64 coupled with the adjacent electrode 16, [0051], see also fig 3), each of the plurality of second electrode temperature sensors being configured to sense a second temperature value of a skin surface getting in contact with each of the plurality of second electrode temperature sensors (wherein the sensors 64 are used to measure the skin contact temperature, [0057]) to transmit the second temperature value to the controller (the contact pads 62 and 63 act as a communication path connecting to the controller 32, [0051]).
Regarding claim 4, Weber teaches the high-frequency energy transmission device according to claim 1, further comprising: a non-transitory memory electrically connected with the controller (controller 32 may also include a memory system, [0045], which may be non-transitory or non-volatile, [0089]), wherein controller is configured to receive the temperature value sensed by the one of the pair of first electrode temperature sensors and the temperature value sensed by the other of the pair of first electrode temperature sensors (see [0057] which discloses how the thermal sensors 64 are found in contact with the skin surface and is in signal communication with the controller 32 to interpret the temperature feedback), calculate an average value of the temperature value sensed by the one of the pair and the temperature value sensed by the other of the pair, designates the average value as a temperature value of the first electrode at a center thereof (see [0081] which describes how the true absolute temperature of the skin tissue, which equates to the average temperature value, is calculated using the active temperature junctions 110 and 112 from the temperature sensors 64), block transmission of the high-frequency energy or stop an operation of the handpiece in a case in which the average value exceeds a preset value (see [0081], in which the absolute temperature can be used to determine a treatment endpoint to stop or lower the high frequency energy treatment), and store the temperature values or the average value in the non-transitory memory (memory 188 may be used to store information relating to the electrode assembly 14 such as … reference temperatures, [0089]).
Response to Arguments
Applicant's arguments filed 10/02/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1, 3 and 4 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.
With regards to the argument presented about the amended claim 1, and dependent claims 3 and 4, that the previous prior art of record does not disclose a first electrode having a first width and length such that the width is longer than the length and that the temperature sensor pairs are disposed at a first electrode edge and a second electrode edge opposite the first edge, has been considered but ultimately falls moot. The examiner agrees that the previous prior art of record of Weber alone does not disclose all of the limitations as amended, however Weber does still teach the plurality of temperature sensors include a pair of first electrode temperature sensors (see contact pads 62 and 63 which form the electrode pairs to create the thermal sensors 64, [0051]), one of the pair being disposed at a position adjacent to a first edge of the first electrode, the first edge extending along the first width, the other of the pair being disposed at a position adjacent to a second edge of the first electrode, the second edge extending along the first width opposite to the first edge (see from the fig 3 in which the right side of the electrode configuration 16 is seen as the first side, and the left side of the electrode 16 is seen as the second side opposite the first side, in which there are thermal sensors 64 found disposed on either side of the electrode 16), wherein the pair of first electrode temperature sensors are disposed in a symmetrical manner with the first electrode being disposed therebetween (see from fig 3, in which the thermal sensors 64 are found symmetrically disposed on either side of the electrode 16). Furthermore, the new prior art of record of Bencicni also discloses a rectangular electrode with a first width longer than the length (see the rectangular electrodes 326a of [0071] and fig 7). Therefore, as the new prior art of record teaches all the limitations of the amended claim 1, it along with the dependent claims 3 and 4 remain rejected under the new prior art of record rejection of Weber in view of Bencini set forth in the present office action.
In regards to the new claim 5, as the previous prior art of record of Weber teaches all of the new limitations presented within the claim, it too remains rejected under the prior art of record rejection of Weber as newly presented in the current office action.
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 KYLE M BROWN whose telephone number is (703)756-4534. The examiner can normally be reached 8:00-5:00pm EST, Mon-Fri, alternating Fridays off.
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/LINDA C DVORAK/Primary Examiner, Art Unit 3794
/KYLE M. BROWN/Examiner, Art Unit 3794