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 Amendment
The amendments filed 12/15/2025 have been entered. Accordingly, claims 1-38 are pending in the current application. The amendments have overcome both the claim objections and 112b rejections previously set forth in the non-final office action dated 8/19/2025. The Examiner notes that while some of the same prior art is still being used, an updated search and further consideration revealed new prior art that is now being applied to the rejection.
Response to Arguments
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive. Regarding claim 1, Applicant argues on pages 11-12 of the remarks that the primary reference of Zhou does not disclose a singular skin apparatus configured to simultaneously deliver the recited modalities – a light device, vibration pad, heating element, skin moisture sensor and an iontophoresis module, stating that Zhou teaches different embodiments of the dispensing device 10. The Examiner respectfully disagrees, noting that paragraph 0483 of Zhou clearly states the dispensing surface 12 of the device 10 can deliver any or all of ultrasonic vibration, sub-sonic vibration, electrical current application, heating, cooling, light emission, tapping, shaking, pulsating – therefore the prior art clearly contemplates delivering all of the recited therapy modalities using a singular device, as recited by the claim.
Applicant also argues on page 12 of the remarks that Zhou’s radiation detectors 5204 (cited to as the skin moisture sensor) are distinct from the dispensing device 10, and therefore not a part of the device. The Examiner maintains that Zhou’s device teaches the concept of using a skin moisture sensor to perform a skin quality/moisture assessment of the user’s skin, however the Examiner notes that an updated search has revealed a new prior art reference relied upon for this particular limitation.
Applicant also argues on pages 12-13 of the remarks that Zhou’s device does not disclose “an iontophoresis module including a least one plate member mounted on the user contact surface”, describing how Applicant’s use of galvanic plates drives the electrically charged fluid transdermally into the user’s skin. The Examiner first notes that Paragraph 0488 of Zhou clearly describe the electrodes 1903 comprising a galvanic treatment head 1900 producing electric voltage and current on target skin area, therefore the Examiner maintains the prior art reads on the claim, as the Examiner has taken the term “iontophoresis module” as its broad meaning, using electrical current to deliver medication through the user’s skin. Therefore, the Examiner maintains Zhou’s device teaches the use of an iontophoresis module, as Paragraph 0488 and Figure 19 clearly describe the use of one or more electrodes 1903 configured to delivery electric voltage and current on to the user’s skin.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “dispensing module” used in claims 1, 7, 8, 20, 21, and 28.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-23, 25-25 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 2016/0331308 A1) in view of Sedic (US 2019/0117497 A1).
Regarding claim 1, Zhou teaches a skin care apparatus having a body (skin care dispensing device 10 having main device body 11, Abstract and Paragraph 0157, Figure 2), a head (top portion of body 11 comprising dispensing surface 12, Paragraph 0157 and Figure 2) and a control processor (control unit 17 comprising processing component 172, Figure 2 and Paragraph 0157), the head comprising: a user contact surface (specimen outlet surface 15 that contacts a target skin area of a user, Paragraph 0159 and Figure 2); a light device for emitting light at 455 nm, 633 nm and 830 nm (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; see Figure 20 showing one or more LEDs 2003 configured to emit optical radiation with wavelength between 300 nm to 1mm, therefore fully capable of emitting light at 455nm, 633nm, and 830nm, Paragraph 0495); a vibration pad (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; surface member comprising vibration generation tip 1700, Paragraph 0283 and Figure 17); a heating element (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; optical heating by optical radiation from LEDs 2003, Paragraph 0489); a skin moisture sensor (skin analysis is performed by a radiation detector 5204 may contain any of: CCD, CMOS sensor, photo diode, x-ray detector, electron detector, particle detector, ion detector, and molecule detector, Paragraph 0174; results from skin analysis may be graded by a quantitative skin feature grading 5104 including any of but not limited to: dryness, oiliness, hydration level, skin chemical PH value, skin surface chemical composition, etc., Paragraph 0169) and an iontophoresis module (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; galvanic skin treatment head 1900 comprising one or more electrodes 1903 producing electric voltage and current on target skin area, Paragraph 0488 and Figure 19) including at least one plate member mounted on the user contact surface (see electrode 1903 mounted on dispensing outlet area 15, Figure 19), the at least one plate member disposed around the head for placing in proximity to a user's skin (see electrode 1903 mounted on head of the device and on the dispensing outlet area 15 to therefore come into contact with the target skin area, Paragraph 0488 and Figure 19), the body housing comprising: a fluid container (body 11 comprising a dispenser 14 configured to store the specimen 19, Figure 2 and Paragraph 0159) configured to store at least one skin care-related fluid (specimen 19 may be any fluid used for skin treatments such as liquids, gels, serums, creams, lotions, pastes, powders, Paragraph 0011); and a dispensing module for controlled dispensing of the skin care-related fluid from the fluid container to the head of the apparatus (the dispensing of the specimen 19 from the dispenser 14 is entirely or partially controlled by the electronic control unit 17, Paragraph 0165), and the control processor configured to: operate the skin moisture sensor to perform a skin quality assessment of the user's skin (skin analysis is performed by a radiation detector 5204 may contain any of: CCD, CMOS sensor, photo diode, x-ray detector, electron detector, particle detector, ion detector, and molecule detector, Paragraph 0174; results from skin analysis may be graded by a quantitative skin feature grading 5104 including any of but not limited to: dryness, oiliness, hydration level, skin chemical PH value, skin surface chemical composition, etc., Paragraph 0169); and operate any one of more of the light device, the vibration pad, the heating element, and the iontophoresis module, in combination with the dispensing module to provide a bespoke skin treatment for the user's skin based on the skin quality assessment (the processing component 172 of the control unit 17 retrieves the information stored in the information storage component(s) and processes the information such that it provides commands and instructions to control the dispensing from the dispenser 14, Paragraph 0179).
Although Zhou teaches the use of a skin moisture sensor to perform a skin moisture analysis of the user’s skin (Paragraph 0169), Zhou doesn’t explicitly state the skin moisture sensor being disposed within the head.
However, Sedic teaches a skin care device (Abstract and Figure 1) comprising a head (main body 10, Paragraph 0038 and Figure 2) wherein the head comprises a vibrating element (motor 60 provides vibrations to user’s skin, Paragraph 0032 and Figure 2), and a moisture sensor (sensor 50 disposed within cavity 12 of main body 10 senses the moisture level of the skin, Paragraphs 0035-0036 and Figure 2).
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 device such that the moisture sensor is disposed within the head of the device, as taught by Sedic, as providing the moisture sensor within the head of the device intended to be in contact with the user’s skin may provide a more accurate assessment of the user’s skin moisture levels by being in closer proximity to the user’s skin.
Regarding claim 2, Zhou further teaches wherein the control processor is configured to operate in connection with the transceiver to: transmit data from the skin moisture sensor to the application for performing the skin quality assessment device (information processing component comprises a data interface configured to transmit data via a wireless transmitter/receiver to a mobile phone 5020, Paragraph 0171; mobile phone may comprise software to further analyze the skin analysis and display information to the user, Paragraph 0177 and Figure 52E); and receive instructions from the application for operating any one or more of the light device, the vibration pad, the heating element, and the iontophoresis module to provide the skin treatment (data may be transmitted between the mobile device and the device 10 to provide the user skin treatment recommendations, Paragraphs 0177 and 0405).
Regarding claim 3, Zhou further teaches wherein the skin care apparatus further comprises a pH level sensor configured to be operated by the control processor to determine a pH level for the user's skin (skin analysis is performed by a radiation detector 5204 may contain any of: CCD, CMOS sensor, photo diode, x-ray detector, electron detector, particle detector, ion detector, and molecule detector, Paragraph 0174; results from skin analysis may be graded by a quantitative skin feature grading 5104 including any of but not limited to: dryness, oiliness, hydration level, skin chemical PH value, skin surface chemical composition, etc., Paragraph 0169)
Regarding claim 4, Zhou further teaches wherein the application is configured to use the data from at least one of the skin moisture sensor and the pH level sensor to determine skin quality parameters for the user's skin including at least one of, a moisture/dryness level, a detection of wrinkles/lesions, and a detection of acne (skin analysis is performed by a radiation detector 5204 may contain any of: CCD, CMOS sensor, photo diode, x-ray detector, electron detector, particle detector, ion detector, and molecule detector, Paragraph 0174; results from skin analysis may be graded by a quantitative skin feature grading 5104 including any of but not limited to: fine lines, wrinkles, skin contours due to aging, loss of fat, skin drooping, brown/dark spots, discoloration, dryness, oiliness, hydration level, skin chemical PH value, skin surface chemical composition, skin symptoms such as acne, etc., Paragraph 0169).
Regarding claim 5, Zhou further teaches wherein the head further comprises a camera configured to be operated by the user and/or the control processor for capturing and transmitting visual images of the user's skin to perform the skin quality assessment (a skin sensor 7114 may be an imaging device or a chemical analyzer which may be used to analyze the user’s skin of physical features through image capturing and processing, Paragraph 0294).
Regarding claim 6, Zhou further teaches wherein the application is configured to use one or more images from the camera to determine skin quality parameters for the user's skin (a skin sensor 7114 may be an imaging device or a chemical analyzer which may be used to analyze the user’s skin of physical features through image capturing and processing, Paragraph 0294).
Regarding claim 7, Zhou further teaches wherein the dispensing module is configured to be activated by the user to communicate fluid to the head of the apparatus before and/or during operation of any one of more of the light device, the vibration pad, the heating element, and the iontophoresis module to promote transdermal delivery of the fluid (the processing component 172 of the control unit 17 retrieves the information stored in the information storage component(s) and processes the information such that it provides commands and instructions to control the dispensing from the dispenser 14, Paragraph 0179; dispensing mechanism happens simultaneously with the physical means of the skin treatment member such as the ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; user may select operations via a display 5212 related to skin care, Paragraph 0177).
Regarding claim 8, Zhou further teaches wherein the dispensing module is configured to be activated by the control processor to communicate skin care-related fluid to the head of the apparatus before and/or during operation of any one of more of the light device, the vibration pad, the heating element, and the iontophoresis module to promote transdermal delivery of the fluid (the processing component 172 of the control unit 17 retrieves the information stored in the information storage component(s) and processes the information such that it provides commands and instructions to control the dispensing from the dispenser 14, Paragraph 0179; dispensing mechanism happens simultaneously with the physical means of the skin treatment member such as the ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; operations may be controlled via the control unit 17, Paragraph 0484).
Regarding claim 9, Zhou further teaches wherein the application is configured to determine and display a recommendation based on the skin quality parameters, the recommendation including application of at least one skin care-related fluid (skin care products may be recommended to the user through the display of the computing device, Paragraph 0320).
Regarding claim 10, Zhou further teaches wherein the application is configured to determine instructions for operating the light device, the vibration pad, the heating element, and the iontophoresis module based on at least one of the recommendation and the skin quality parameters (the processing component 172 of the control unit 17 retrieves the information stored in the information storage component(s) and processes the information such that it provides commands and instructions to control the dispensing from the dispenser 14, Paragraph 0179; dispensing mechanism happens simultaneously with the physical means of the skin treatment member such as the ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; operations may be controlled via the control unit 17, Paragraph 0484; skin care products may be recommended to the user through the display of the computing device, Paragraph 0320).
Regarding claim 11, Zhou further teaches wherein the recommendation is selectable and selection of the recommendation causes the application to transmit the instructions to the control processor (personal computing device may have embedded software for providing user interface 5021 to interact with the user so that the user may customize and command the dispensing device, Paragraph 0319).
Regarding claim 12, Zhou further teaches wherein the application communicates with the apparatus to track when recommendations are selected to determine when the recommendations are to be modified (mobile device contains a software application 6801 configured to record and/or track user habit and usage history of dispensing device, Paragraphs 0425-0426).
Regarding claim 13, Zhou further teaches wherein the application is configured to specify in the instructions that a red LED of the light device is to be activated for a predetermined duration per skin treatment for skin quality parameters corresponding to an anti-aging treatment or a skin sensitivity treatment (mobile device contains a software application 6801 configured to record and/or track user habit and usage history of dispensing device and make recommendations of skin treatments, Paragraphs 0425-0426; see Figure 20 showing one or more LEDs 2003 configured to emit optical radiation with wavelength between 300 nm to 1mm, therefore fully capable of emitting a red light for a predetermined amount of time, Paragraph 0489).
Regarding claim 14, Zhou further teaches wherein the application is configured to specify in the instructions that a blue LED of the light device is to be activated for a predetermined duration per skin treatment for skin quality parameters corresponding to an acne control treatment (mobile device contains a software application 6801 configured to record and/or track user habit and usage history of dispensing device and make recommendations of skin treatments, Paragraphs 0425-0426; see Figure 20 showing one or more LEDs 2003 configured to emit optical radiation with wavelength between 300 nm to 1mm, therefore fully capable of emitting a blue light for a predetermined amount of time, Paragraph 0489).
Regarding claim 15, Zhou further teaches wherein the light device includes at least one LED that emits blue light at 455 nm, at least one LED that emits red light at 633 nm, and at least one LED that emits infrared light at 830 nm to promote skin healing (see Figure 20 showing one or more LEDs 2003 configured to emit optical radiation with wavelength between 300 nm to 1mm, therefore fully capable of emitting light at 455nm, 633nm, and 830nm, Paragraph 0495).
Regarding claim 16, Zhou further teaches wherein the vibration pad includes a vibration actuator configured to vibrate at a frequency to numb the user's skin during the skin treatment (vibration head 1700 driven by a motion generator 1701 producing vibrations at frequencies between 1 Hz to 20 kHz, Paragraph 0486).
Regarding claim 17, Zhou further teaches wherein the vibration actuator is configured to vibrate at 7000 RPM to provide acoustic waves at the frequency to numb the user's skin (ultrasonic transmission plate 1600 may produce ultrasonic vibrations generating frequences between 20 kHz to 25 MHz, therefore fully capable of producing 7000 RPM acoustic vibrations, Paragraph 0484 and Figure 16).
Regarding claim 18, Zhou further teaches wherein the heating element includes a radio transmitter configured to provide localized tissue heating via radiofrequencies between 100 kHz-300 GHz (thermal excitation circuits may be used to apply localized heating, radio frequencies larger than 100 MHz may be used, Paragraph 0229).
Regarding claim 19, Zhou further teaches wherein the iontophoresis module is configured to provide a voltage gradient to the user's skin through creation of an electric field (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; galvanic skin treatment head 1900 comprising one or more electrodes 1903 producing electric voltage and current on target skin area, Paragraph 0488 and Figure 19)
Regarding claim 20, Zhou further teaches wherein the dispensing module (specimen dispenser 14, Figure 23C and Paragraph 0191) comprises: a pump or actuator to drive a volume of skin care-related fluid from the fluid container (dispenser 14 comprises a pump 2335 and a piston 2318 to extract the specimen from the internal spaces 2320 and dispense through the outlet, Figure 23C and Paragraph 0191); a conduit for delivering the skin care-related fluid from the fluid container to the head of the apparatus (specimen flow conduit 2321, Figure 23A and Paragraph 0189); and an outlet to dispense the volume of skin care-related fluid from the head to the user's skin (specimen outlet conduit 2352, Figure 23A and Paragraph 0189).
Regarding claim 21, Zhou further teaches wherein a portion of the fluid container is selectively deformed or displaced when the dispensing module is activated by the user to dispense skin care-related fluid from the head (piston is moved forward to dispense the specimen through the outlet, Paragraph 0189).
Regarding claim 22, Zhou further teaches wherein the fluid container is removable and selected from a plurality of fluid containers based on a type of the skin treatment (dispenser and/or fluid container is removable from dispensing device, Paragraph 0035 and Figure 15).
Regarding claim 23, Zhou further teaches further comprising a user interface including a sense button, wherein activation of the sense button causes the skin moisture sensor to detect data including at least one of a skin moisture level, and a skin dryness level of the user's skin (device comprises a user interface 5201 comprising a touch screen which enables the device to provide information regarding skin quality, Paragraph 0177; skin analysis is performed by a radiation detector 5204 may contain any of: CCD, CMOS sensor, photo diode, x-ray detector, electron detector, particle detector, ion detector, and molecule detector, Paragraph 0174; results from skin analysis may be graded by a quantitative skin feature grading 5104 including any of but not limited to: dryness, oiliness, hydration level, skin chemical PH value, skin surface chemical composition, etc., Paragraph 0169).
Regarding claim 25, Zhou further teaches wherein the head further comprises at least one of a pressure sensor (proximity or pressure sensors, Paragraph 0308), a biometric sensor (biometrics data may be analyzed, paragraph 0170), and a conductivity sensor (electrical voltage or current sensors, Paragraph 0488) to detect when the head of the apparatus is placed adjacent or in contact with the user's skin proximity (proximity sensors may be used to determine proximity to user’s skin, Paragraph 0308).
Regarding claim 26, Zhou further teaches comprising a user interface including a capture button (user interface comprises a touch screen to turn on/off the device 10, Paragraph 0177), wherein activation of the capture button causes a camera to record an image of the user's skin (imaging system may capture photos or images of the skin under various conditions, Paragraph 0173).
Regarding claim 27, Zhou further teaches a fluid container configured to be removably housed within the apparatus of Claim 1 ((dispenser 14 and/or fluid container is removable from dispensing device, Paragraph 0035 and Figure 15) the fluid container comprising: a casing (dispenser housing 2217, Paragraph 0185 and Figure 22B); an evacuator (a piston 2218 drives the specimen towards the outlet of the dispenser, Paragraph 0185 and Figure 22B); and a valve for controlling a dispensing rate of skin care-related fluid from an aperture of the fluid container (valve 2221 controls the rate at which the specimen is dispensed, Paragraph 0186 and Figure 22B), wherein at least one of the user and the instructions received from the application initiate dispensing of a volume of skin care-related fluid to the head of the apparatus in combination with provision of the bespoke skin treatment (valve 2221 can be operated through an electrically driven switch that the user operates through the electrical interface, Paragraph 0186).
Regarding claim 28, Zhou teaches a skin care apparatus having a body (skin care dispensing device 10 having main device body 11, Abstract and Paragraph 0157, Figure 2), a head (top portion of body 11 comprising dispensing surface 12, Paragraph 0157 and Figure 2) and a control processor (control unit 17 comprising processing component 172, Figure 2 and Paragraph 0157), the head comprising: a user contact surface (specimen outlet surface 15 that contacts a target skin area of a user, Paragraph 0159 and Figure 2); an iontophoresis module (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; galvanic skin treatment head 1900 comprising one or more electrodes 1903 producing electric voltage and current on target skin area, Paragraph 0488 and Figure 19) including at least one plate member disposed upon the user contact surface to supply at least one of electrical current and voltage (see electrode 1903 mounted on dispensing outlet area 15, Figure 19); a skin care-related fluid dispensing outlet located on the user contact surface (specimen outlet surface 15 that contacts a target skin area of a user, Paragraph 0159 and Figure 2); a skin moisture sensor (skin analysis is performed by a radiation detector 5204 may contain any of: CCD, CMOS sensor, photo diode, x-ray detector, electron detector, particle detector, ion detector, and molecule detector, Paragraph 0174; results from skin analysis may be graded by a quantitative skin feature grading 5104 including any of but not limited to: dryness, oiliness, hydration level, skin chemical PH value, skin surface chemical composition, etc., Paragraph 0169); a heating element to supply heat to a user's skin (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; optical heating by optical radiation from LEDs 2003, Paragraph 0489); a vibration pad to vibrate the head and the at least one plate member provided thereon (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; surface member comprising vibration generation tip 1700, Paragraph 0283 and Figure 17); and a light device disposed below the user contact surface, the light device comprising a plurality of LEDs for emitting light at 455 nm, 633 nm, and 830 nm to a user's skin (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; see Figure 20 showing one or more LEDs 2003 configured to emit optical radiation with wavelength between 300 nm to 1mm, therefore fully capable of emitting light at 455nm, 633nm, and 830nm, Paragraph 0495) the body housing: a fluid container (body 11 comprising a dispenser 14 configured to store the specimen 19, Figure 2 and Paragraph 0159) configured to store at least one skin care-related fluid (specimen 19 may be any fluid used for skin treatments such as liquids, gels, serums, creams, lotions, pastes, powders, Paragraph 0011); and a dispensing module for controlled dispensing of the skin care-related fluid from the fluid container to the skin care-related fluid dispensing outlet on the head of the apparatus (the dispensing of the specimen 19 from the dispenser 14 is entirely or partially controlled by the electronic control unit 17, Paragraph 0165), wherein the control processor is configured to: operate the skin moisture sensor to perform a skin quality assessment of the user's skin (skin analysis is performed by a radiation detector 5204 may contain any of: CCD, CMOS sensor, photo diode, x-ray detector, electron detector, particle detector, ion detector, and molecule detector, Paragraph 0174; results from skin analysis may be graded by a quantitative skin feature grading 5104 including any of but not limited to: dryness, oiliness, hydration level, skin chemical PH value, skin surface chemical composition, etc., Paragraph 0169); and operate any one of more of the light device, the vibration pad, the heating element, and the iontophoresis module, in combination with the dispensing module to provide a bespoke skin treatment based on the skin quality assessment of the user's skin (the processing component 172 of the control unit 17 retrieves the information stored in the information storage component(s) and processes the information such that it provides commands and instructions to control the dispensing from the dispenser 14, Paragraph 0179).
Although Zhou teaches the use of a skin moisture sensor to perform a skin moisture analysis of the user’s skin (Paragraph 0169), Zhou doesn’t explicitly state the skin moisture sensor being disposed within the head.
However, Sedic teaches a skin care device (Abstract and Figure 1) comprising a head (main body 10, Paragraph 0038 and Figure 2) wherein the head comprises a vibrating element (motor 60 provides vibrations to user’s skin, Paragraph 0032 and Figure 2), and a moisture sensor (sensor 50 disposed within cavity 12 of main body 10 senses the moisture level of the skin, Paragraphs 0035-0036 and Figure 2).
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 device such that the moisture sensor is disposed within the head of the device, as taught by Sedic, as providing the moisture sensor within the head of the device intended to be in contact with the user’s skin may provide a more accurate assessment of the user’s skin moisture levels by being in closer proximity to the user’s skin.
Regarding claim 29, Zhou further teaches the at least one plate member is a galvanic plate (electrodes 1903 may be a galvanic treatment head 1900 producing electric voltage and current on target skin area, Paragraph 0488 and Figure 82A).
Regarding claim 30, Zhou further teaches wherein the iontophoresis module comprises a plurality of galvanic plates (one or more electrodes 1903, Paragraph 0488) disposed around a periphery of the user contact surface (see electrode 1903 placed along periphery of user contacting area, Figure 19).
Regarding claim 31, Zhou further teaches wherein the skin moisture sensor is configured to use the at least one plate member to measure skin quality (skin analysis is performed by a radiation detector 5204 may contain any of: CCD, CMOS sensor, photo diode, x-ray detector, electron detector, particle detector, ion detector, and molecule detector, Paragraph 0174; results from skin analysis may be graded by a quantitative skin feature grading 5104 including any of but not limited to: dryness, oiliness, hydration level, skin chemical PH value, skin surface chemical composition, etc., Paragraph 0169).
Regarding claim 32, Zhou further teaches wherein the heating element supplies heat to the user's skin via the at least one plate member or the user contact surface (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483; galvanic skin treatment head 1900 comprising one or more electrodes 1903 producing electric voltage and current on target skin area, Paragraph 0488 and Figure 19).
Regarding claim 33, Zhou further teaches wherein the plurality of LEDs are configured to selectively emit light at 455 nm, 633 nm, and 830 nm through the user contact surface in combination with the supply of at least one of current and voltage via the at least one plate member to the user's skin (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483).
Regarding claim 34, Zhou further teaches wherein the at least one plate member is configured to supply current and voltage to the user’s skin simultaneously to facilitate absorption of the skin-care related fluid (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483).
Regarding claim 35, Zhou further teaches wherein the at least one plate member is configured to supply at least one of current and voltage to the user's skin to facilitate absorption of the skin care-related fluid in combination with the vibration pad vibrating the head (dispensing surface 12 can also be a skin treatment member, as illustrated from FIG. 16 through FIG. 20, which can deliver any or all of the physical means of, ultrasonic vibration, sub-sonic vibration, electrical voltage or current application, heating, cooling, light emission, air blowing, brushing, tapping, shaking, pulsating or scrubbing, Paragraph 0483).
Regarding claim 38, Zhou further teaches a transceiver for communication with an application on a user device, wherein the application tracks the user's skin quality over time to provide one or more skin treatment recommendations (information processing component comprises a data interface configured to transmit data via a wireless transmitter/receiver to a mobile phone 5020, Paragraph 0171; mobile phone may comprise software to further analyze the skin analysis and display information to the user, Paragraph 0177 and Figure 52E), and wherein the application is configured to operate the light device, the vibration pad, the heating element, and the iontophoresis module based on the one or more recommendations (data may be transmitted between the mobile device and the device 10 to provide the user skin treatment recommendations, Paragraphs 0177 and 0405).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 2016/0331308 A1) in view of Sedic (US 2019/0117497 A1) and in further view of Kim et al. (US 2018/0099143 A1).
Regarding claim 24, Zhou in view of Sedic teach apparatus of Claim 1, however is silent wherein the head further comprises a skin heat sensor to measure the temperature of the user's skin.
However, Kim teaches a skin care device (Abstract and Figure 1) comprising a skin heat sensor configured to measure the temperature of the user’s skin (temperature sensor 213 may measure the temperature of the user’s skin, Paragraph 0119 and Figure 2).
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 skin care device by including a skin heat sensor configured to measure the temperature of the user’s skin, as taught by Kim, as providing such as temperature sensor allows for the monitoring of the skin temperature to ensure the user’s skin is not getting too hot, therefore improving the overall safety of the device.
Claims 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 2016/0331308 A1) in view of Sedic (US 2019/0117497 A1) and in further view of Hamam et al. (US 2016/0321880 A1).
Regarding claim 36, Zhou in view of Sedic teach the skin care apparatus of claim 28, an although Zhou teaches a vibration pad inducing vibration to the user’s skin (surface member comprising vibration generation tip 1700, Paragraph 0283 and Figure 17), Zhou does not explicitly state the vibration pad using a linear resonating actuator (LRA).
However, Hamam teaches a haptic output device configured to impart vibrations on the skin of a user (haptic output device 118, Paragraph 0040 and Figure 1A; vibrations imparted to a user’s skin, Paragraph 0046) wherein the vibrations are created using a linear resonating actuator or LRA (haptic output device 118 may comprise a linear resonating actuator or LRA, Paragraph 0040).
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 skin care device by having the vibration pad use a linear resonating actuator or LRA, as taught by Hamam, as using an LRA would provide an alternative means of creating vibrations suitable for a user’s skin, as may offer benefits such as lower power consumption and longer life span.
Regarding claim 37, Zhou teaches the skin care apparatus of claim 28, an although Zhou teaches a vibration pad inducing vibration to the user’s skin (surface member comprising vibration generation tip 1700, Paragraph 0283 and Figure 17), Zhou does not explicitly state the vibration pad using an eccentric rotating mass vibration motor (ERM).
However, Hamam teaches a haptic output device configured to impart vibrations on the skin of a user (haptic output device 118, Paragraph 0040 and Figure 1A; vibrations imparted to a user’s skin, Paragraph 0046) wherein the vibrations are created using a linear resonating actuator or LRA (haptic output device 118 may an eccentric rotating mass motor or ERM, Paragraph 0040).
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 skin care device by having the vibration pad use an eccentric rotating mass motor, as further taught by Hamam, as using an ERM would provide an alternative means of creating vibrations suitable for a user’s skin, as may offer benefits such as lower manufacturing costs.
Conclusion
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785