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 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.
Claims 1 and 3, and thus their dependent claims, are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 1, claim 1 recites both an apparatus and a method of using said apparatus in the same claim. The Examiner suggests rewriting claim 1 using language such as “a skin care method of using a skin beauty device”, “spraying sterilized water with a mist processing unit”, or similar.
Regarding claim 3, claim 3 recites the limitation of “wherein the fourth step is so configured as to allow the light processing unit to apply a blue light in a particular wavelength band from at least a part of the period in which the heating stimulation is applied”, however the “fourth step” as recited in claim 1, from which claim 3 depends upon, is directed towards a cooling stimulation and not heating stimulation. Therefore it is unclear what step the limitations of claim 3 are intended for. For the purpose of examination, the examiner will consider this limitation to be met as long as the prior art teaches both a blue light and heating stimulation occurring during the same time period.
Claim Rejections - 35 USC § 103
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 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.
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.
Claim(s) 1-3, and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 2016/0331308 A1) in view of Oh (KR 101747913 B1) and in further view of Bezalel et al. (US 2021/0187287 A1).
Regarding claim 1, Zhou discloses a skin care method of skin beauty device (methods to provide customized skin care by using a specimen dispensing device 10, Abstract and Figure 2), the method implemented by the skin care device including a mist processing unit that sprays in a mist type (dispensing unit 14 may dispense a specimen onto target skin area through a spraying action, Figure 2 and Paragraph 0159; specimen may be a liquid, Paragraph 0160) a temperature stimulation processing unit applying a temperature stimulation (device 10 comprises a skin treatment member 12 that may deliver heating and cooling to the skin, Paragraph 0483 and Figures 16-20), a power supply unit supplying an electric power (the electronic control unit 17 may comprise a electrical power supply, Paragraph 0180), an input unit receiving an operation command and a controller performing a control in response to the operation command inputted through the input unit (information processing component 172 processes information and commands the controlling of the dispensing device via the control unit 17, Paragraphs 0179-0180 and Figure 2), the method comprising: controlling in such a manner that the mist processing unit sprays the mist for a predetermined time (first step) (the control unit 17 controls the dispensing amount, dispensing speed, timing of dispense and specimen information of the device 10, Paragraph 0162): controlling in such a manner that the temperature stimulation processing unit applies heating (thermal) stimulation for a predetermined time(second step) (after dispensing of the specimen has been initiated, heating by thermal excitation circuits 3331 may then heat the specimen arranged within the conduit 3301, Paragraph 0229 and Figure 33A); and controlling in such a manner that the temperature stimulation processing unit applies a cooling stimulation for a predetermined time (fourth step) (after specimen 3302 is dispensed, the heating may stop to allow the conduit and specimen to cool down, Paragraph 0229).
Although Zhou teaches a dispensing unit that dispenses a liquid in a mist and/or spray (Paragraph 0160), Zhou is silent on the liquid being sterilized water generated through water electrolysis.
However, Oh teaches a skin care beauty device configured to provide a sterilized water mist (Abstract and Figure 1) via a sterilizing water generating module (sterilizing water generating module 2, Figures 1-2 and Paragraph 0038) wherein the water that exits the device is sterilized via electrolysis (water is sterilized via a pair of electrode plates and a ultrasonic vibrator, Paragraphs 0026-0030 and Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Zhou’s method by including the process of sterilization of water through electrolysis, as taught by Oh, as providing a means of sterilization of the liquid exiting the device would prevent unwanted contaminants from being dispensed onto the user’s skin, improving the overall safety of the device.
Additionally, although Zhou teaches a method of applying electrical signals through an electrode (Paragraph 0235 and Figure 33F), Zhou doesn’t explicitly state an EP processing unit applying an electric signal to an electroporation electrode, and controlling in such a manner that the EP processing unit applies an electric signal to an electroporation electrode for a predetermined time (third step).
However, Bezalel teaches a skin care device and method (device used to treat dermatologic disorders, Figure 1 and Abstract) comprising an EP processing unit configured to apply an electrical signal to an electroporation electrode (system 100 includes an electroporation applicator 110 deliver pulsed electroporation energy to one or more electrodes 118, Paragraphs 0027 and 0034) and controlling in such a manner that the EP processing unit applies the electrical signal to the electroporation electrode for a predetermined time (controls facilitate modification of the electrical field being delivered according to magnitude, time, depth, or other parameters, Paragraph 0060) and before cooling, therefore the third step (electroporation therapy, which heats tissue, may be delivered prior to the cooling of tissue via liquid irrigation, Paragraph 0035).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Zhou’s method by including an EP processing unit applying an electrical signal to an electroporation electrode for a predetermined time, as taught by Bezalel, as using electroporation therapy may aid in treatment of various skin conditions such as wrinkles, treatment of skin lesions, hair loss, etc., (Paragraph 0026 of Bezalel).
Regarding claim 2, Zhou further teaches wherein the skin beauty device further comprises a light processing unit outputting a light for skin care (one or more light emitting devices LED 2003 to emit light, or optical radiation towards a user’s skin, Paragraph 0495 and Figure 20), and wherein the second step is so configured as to allow the light processing unit to apply a red light in a particular wavelength band (the optical radiation generation generated from the LEDS 2003 may have one or more optical wavelengths between 300 nm to 1mm, therefore falling within the red light wavelength range, Paragraph 0495) from at a least a part of the period in which the heating stimulation is applied (device 10 may deliver any or all of the physical means of ultrasonic vibration, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, therefore applying light emission and heating stimulation for at least a part of the same time, Paragraph 0483).
Regarding claim 3, Zhou further teaches wherein the skin beauty device further comprises a light processing unit outputting a light for skin care (one or more light emitting devices LED 2003 to emit light, or optical radiation towards a user’s skin, Paragraph 0495 and Figure 20), and wherein the fourth step is so configured as to allow the light processing unit to apply a blue light in a particular wavelength band (the optical radiation generation generated from the LEDS 2003 may have one or more optical wavelengths between 300 nm to 1mm, therefore falling within the red light wavelength range, Paragraph 0495) from at least a part of the period in which the heating stimulation is applied (device 10 may deliver any or all of the physical means of ultrasonic vibration, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, therefore applying light emission and heating stimulation for at least a part of the same time, Paragraph 0483). The Examiner would also like to note the 112b rejection presented above regarding this limitation.
Regarding claim 6, Zhou further teaches a computer-readable recording medium recorded with a program for implementing, by a computer, the skin care method of skin beauty device of claim 1 (software as stored in the device data storage may be in the form of a device operating system, or as software applications or programs, that may provide functions of any of: operation of dispensing device, software or firmware drivers to operate electrical components of dispensing device, Paragraph 0310).
Regarding claim 7, Zhou further teaches a computer-readable recording medium recorded with a program for implementing, by a computer, the skin care method of skin beauty device of claim 2 (software as stored in the device data storage may be in the form of a device operating system, or as software applications or programs, that may provide functions of any of: operation of dispensing device, software or firmware drivers to operate electrical components of dispensing device, Paragraph 0310).
Regarding claim 8, Zhou further teaches a computer-readable recording medium recorded with a program for implementing, by a computer, the skin care method of skin beauty device of claim 3 (software as stored in the device data storage may be in the form of a device operating system, or as software applications or programs, that may provide functions of any of: operation of dispensing device, software or firmware drivers to operate electrical components of dispensing device, Paragraph 0310).
Claim(s) 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 2016/0331308 A1) in view of Oh (KR 101747913 B1), Bezalel et al. (US 2021/0187287 A1) and in further view of Chang et al. (US 2015/0088050 A1).
Regarding claim 4, Zhou in view of Oh and Bezalel teach the method of claim 1, with Zhou further teaching wherein the skin beauty device further comprises a vibration processing unit applying a vibration stimulation to the skin (skin treatment member is a vibration head, Paragraph 0037 and Figure 17), however are silent on wherein the third step is so configured as to allow the vibration processing unit to apply vibrations to the skin from at least a part of the period in which an electric signal is applied to the electroporation electrode.
However, Chang teaches a skin treatment device (Abstract and Figure 1) configured to apply an electrical signal to an electroporation electrode (electrodes 626 will generate electrical signals such as electroporation to the skin, Paragraph 0127 and Figure 16) and a vibration unit to apply vibrations to a user’s skin (vibrating tip 432, Paragraph 0116 and Figure 14).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Zhou’s method by including the step of applying vibrations at the same time as electroporation, as taught by Chang, as the use of electroporation in combination with other enhancement methods such as vibration/abrasion, allows for deeper penetration of fluid through the skin by increasing the skin’s permeability (Paragraph 0050 of Chang), therefore increasing the overall effectiveness of the device/method.
Regarding claim 9, Zhou in view of Oh, Bezalel and Chang teach the skin care method of skin beauty device of claim 4, with Zhou further teaching a computer-readable recording medium recorded with a program for implementing, by a computer (software as stored in the device data storage may be in the form of a device operating system, or as software applications or programs, that may provide functions of any of: operation of dispensing device, software or firmware drivers to operate electrical components of dispensing device, Paragraph 0310).
Claim(s) 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 2016/0331308 A1) in view of Oh (KR 101747913 B1), Bezalel et al. (US 2021/0187287 A1) and in further view of Zhang (US 2020/0315841 A1).
Regarding claim 5, Zhou in view of Oh and Bezalel teach the method of claim 1, however are silent wherein the mist processing unit is so configured as to spray the mist having a diameter smaller than 5nm.
However, Zhang teaches a device configured to produce a mist or spray of a liquid (handheld atomization apparatus 50 configure to generate a spray mist 51, Paragraph 0074 and Figure 1A) and may be used to deposit said liquid onto the skin of a user (apparatus 50 may be adapted to deposit liquids to a desired skin location, Paragraph 0073) wherein the mist produced has a diameter of less than 5 nm (the atomization process may generate small droplets of liquid form a range of a few nanometers in diameter, therefore smaller than 5nm, Paragraph 0092).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Zhou’s method by having the generated mist have a diameter of less than 5nm, as taught by Zhang, as such a small droplet size may aide in avoiding irritation or damage when using the device (Paragraph 0092 of Zhang).
Regarding claim 10, Zhou in view of Oh, Bezalel and Chang teach the skin care method of skin beauty device of claim 5, with Zhou further teaching a computer-readable recording medium recorded with a program for implementing, by a computer (software as stored in the device data storage may be in the form of a device operating system, or as software applications or programs, that may provide functions of any of: operation of dispensing device, software or firmware drivers to operate electrical components of dispensing device, Paragraph 0310).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Eppstein et al. (6,022,316) and Kim (US 2021/0290430 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached on (571)-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785