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
This office action is responsive to the preliminary amendment filed 12/09/2022. As directed by the amendment, claims 4, 6-9, 14, 23, and 26 were canceled. Thus, claims 1-3, 5, 10-13, 15-22, 24-25, and 27-28 are pending in this application.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group 1, claims 1-3, 5, and 10-13, drawn to a treatment pen.
Group 2, claims 15—22 and 24-25, drawn to a machine having a CPU for outputting a vibration prescription.
Group 3, claims 27-28, drawn to a treatment pen and a machine having a CPU for outputting a vibration prescription to a treatment pen.
A Priori Unity of Invention
Groups 1 and 2 lack unity of invention because the groups do not share the same or corresponding technical feature. Group 1 is directed toward a treatment pen with a pen rod, a pen cap, and a vibrator. Group 2 is directed toward a machine with a chassis, a touch screen display, and a CPU. There is no single inventive concept linking the groups.
A Posteriori Unity of Invention
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups 2 and 3 lack unity of invention because even though the inventions of these groups require the technical feature of a machine outputting a vibration prescription, this technical feature is not a special technical feature, and does not make a contribution over the prior art in view of Gu (CN 202538170 U), hereafter Gu (note that a machine translation is relied upon to address claims). Gu discloses a main machine for a limb pain treatment instrument (fig. 1, page 1 “Summary of the invention” first para.), wherein the main machine comprises: a chassis (fig. 1, casing 19, page 2 last para) which comprises a touch display screen arranged on a surface of the chassis (fig. 1, LCD touch screen 1, page 2 last para.), and a central processing unit CPU main control board arranged in the chassis and electrically connected to the touch display screen (fig. 2, control module 2, page 3 line 1), wherein the CPU main control board is used for supplying power to a vibrator and outputting a vibration prescription signal (fig. 2, page 3 first para.), and the touch display screen is used for a user to select a vibration prescription (fig. 1, touch screen 1, page 2 fifth para. starting with “The utility model uses”), wherein the vibration prescription signal is output to the treatment pen (fig. 2, electrode pair 14, page 3 first para.).
Groups 1 and 3 lack unity of invention because even though the inventions of these groups require the technical feature of a treatment pen, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Lee (US 5735868), hereafter Lee, in view of Bagwell et al. (US 10219832 B2), hereafter Bagwell.
Lee discloses a treatment pen (fig. 1, col. 2 lines 64-65) for a limb pain treatment instrument (col. 1, line 66- col. 2 line 2) comprising a main machine that outputs a vibration prescription signal to the treatment pen (fig. 1, control unit 38, col. 3 line 9), wherein the treatment pen comprises: a pen rod (fig. 1, syringe body 34, col. 3 line 13) and a pen cap (fig. 1, needle holding cap 26, col. 3 line 24) detachably connected to a distal end of the pen rod (fig. 1, cap 26 is retained and removed by retaining pin 28, col. 3 lines 48-50), a treatment needle can be mounted in the pen rod after the pen cap is detached (fig. 1, col. 3 lines 52-55), a switch button is provided (fig. 4, foot switch 90, col. 5 line 26) on a surface of the pen rod; a needle tube of the treatment needle extends out of a distal end of the pen cap (fig. 1, needle tube 32, col. 3 lines 54-55), a vibrator (fig. 2, variable oscillator 40 is part of control unit 38 , col. 4 lines 4-10; this provides the signal to moving shaft 18, col. 4 lines 13-14) that can be controlled by the switch button to start and stop (col. 5 lines 26-27) is provided inside the pen rod (fig. 1, moving shaft 18 is inside the pen rod 34); the vibrator is configured to, when started, transmit physical kinetic energy corresponding to a vibration prescription signal (col. 4 lines 12-28) to the treatment needle intervened into a lesion site (col. 3 lines 16-21).
While Lee’s switch button is provided as a foot pedal and is not provided on a surface of the pen rod, Bagwell teaches a vibrating pen for needle puncture (fig. 1A, 1, col. 8 lines 40-44 and 59-61) which has a switch button (fig. 4, power button 9, col. 12 line 33), which is disclosed as an alternative means of providing power to the handpiece to a foot switch (col. 12 lines 32-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use a switch button provide on the pen instead of a foot switch as taught by Bagwell, since these options are known alternatives in the art and equally supply power to a vibrating pen handpiece.
During a telephone conversation with Christopher Bernard on 11/19/2025, a provisional election was made without traverse to prosecute the invention of Group 1, claims 1-3, 5, and 10-13. Affirmation of this election must be made by applicant in replying to this Office action. Claims 15-22 and 24-25, and 27-28 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Interpretation
“Elastic wave bead” in claim 2 is interpreted to be spring-loaded coupler that is depressed and released in order to retain a detachable component; in this case, a pen cap.
“Mastoid” in claim 2 is interpreted to be a nipple-like projection as seen in fig. 17, 172, page 28, second para., on which the needle holder is mounted.
Claim Objections
Claim 10 is objected to because of the following informalities: “the joint” in claim 10 would not have antecedent basis if any of the other options were chosen in parent claim 5. Appropriate correction is required.
Claim 13 is objected to for “a rotary centrifugal vibrator” which has previously been recited in parent claim 12. Similarly, “a vibration prescription signal” has previously been recited in parent claim 1. It is suggested to improve antecedent basis for both claim limitations by changing the article from “a” to “the”. Claim 13 is additionally objected to for the limitation “printed circuit board PCB control board”. It is suggested to amend this limitation to “printed circuit board (PCB) control board”.
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 5, 10, and 11 are rejected on the basis that it contains an improper Markush grouping of alternatives. See In re Harnisch, 631 F.2d 716, 721-22 (CCPA 1980) and Ex parte Hozumi, 3 USPQ2d 1059, 1060 (Bd. Pat. App. & Int. 1984). A Markush grouping is proper if the alternatives defined by the Markush group (i.e., alternatives from which a selection is to be made in the context of a combination or process, or alternative chemical compounds as a whole) share a “single structural similarity” and a common use. A Markush grouping meets these requirements in two situations. First, a Markush grouping is proper if the alternatives are all members of the same recognized physical or chemical class or the same art-recognized class, and are disclosed in the specification or known in the art to be functionally equivalent and have a common use. Second, where a Markush grouping describes alternative chemical compounds, whether by words or chemical formulas, and the alternatives do not belong to a recognized class as set forth above, the members of the Markush grouping may be considered to share a “single structural similarity” and common use where the alternatives share both a substantial structural feature and a common use that flows from the substantial structural feature. See MPEP § 2117.
The Markush grouping of claim 5 is improper because the alternatives defined by the Markush grouping do not share both a single structural similarity and a common use for the following reasons: the alternatives of the following recited by the claim are not related to one structural feature:
A UV LED
A sight window in a pen cap
A PCB with LED backlight
Characteristics of the trace of vibration
The amplitude of the vibration
The treatment needle type
A negative pressure pump, pen cap, a joint communicating with the pump and a drainage tube
The range of terahertz energy
The examiner notes that non-elected claim 22 also recites three alternative groupings which do not share a structural feature (electrode sheets, vibration prescription parameters, or a timer and a counter).
To overcome this rejection, Applicant may set forth each alternative (or grouping of patentably indistinct alternatives) within an improper Markush grouping in a series of independent or dependent claims and/or present convincing arguments that the group members recited in the alternative within a single claim in fact share a single structural similarity as well as a common use.
Claims 10-11 are rejected as depending upon a rejected base claim.
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.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 5735868), hereafter Lee, in view of Bagwell et al. (US 10219832 B2), hereafter Bagwell.
Lee discloses a treatment pen (fig. 1, col. 2 lines 64-65) for a limb pain treatment instrument (col. 1, line 66- col. 2 line 2) comprising a main machine that outputs a vibration prescription signal to the treatment pen (fig. 1, control unit 38, col. 3 line 9), wherein the treatment pen comprises: a pen rod (fig. 1, syringe body 34, col. 3 line 13) and a pen cap (fig. 1, needle holding cap 26, col. 3 line 24) detachably connected to a distal end of the pen rod (fig. 1, cap 26 is retained and removed by retaining pin 28, col. 3 lines 48-50), a treatment needle can be mounted in the pen rod after the pen cap is detached (fig. 1, col. 3 lines 52-55), a switch button is provided (fig. 4, foot switch 90, col. 5 line 26); a needle tube of the treatment needle extends out of a distal end of the pen cap (fig. 1, needle tube 32, col. 3 lines 54-55), a vibrator (fig. 2, variable oscillator 40 is part of control unit 38 , col. 4 lines 4-10; this provides the signal to moving shaft 18, col. 4 lines 13-14) that can be controlled by the switch button to start and stop (col. 5 lines 26-27) is provided inside the pen rod (fig. 1, moving shaft 18 is inside the pen rod 34); the vibrator is configured to, when started, transmit physical kinetic energy corresponding to a vibration prescription signal (col. 4 lines 12-28) to the treatment needle intervened into a lesion site (col. 3 lines 16-21).
While Lee’s switch button is provided as a foot pedal and is not provided on a surface of the pen rod, Bagwell teaches a vibrating pen for needle puncture (fig. 1A, 1, col. 8 lines 40-44 and 59-61) which has a switch button on the pen rod (fig. 4, power button 9, col. 12 line 33), which is disclosed as an alternative means of providing power to the handpiece to a foot switch (col. 12 lines 32-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use a switch button provide on the pen instead of a foot switch as taught by Bagwell, since these options are known alternatives in the art and equally supply power to a vibrating pen handpiece.
Regarding Claim 5, Lee discloses a treatment pen according to claim 1, the pen cap is a pen cap made of transparent material (Lee fig. 1, 34 is transparent, col. 3 lines 40-41); but is silent on wherein the treatment pen further comprises a negative pressure pump detachably connected to the distal end of the pen rod; a joint is fixed on a surface of the pen cap; the negative pressure pump is connected to the joint through a drainage tube; the joint is communicated with the pen cap and the treatment needle; and the negative pressure pump is used for providing suction negative pressure for effusion within the lesion site when being started, so that the effusion can be pumped out from the lesion site.
However, Bagwell teaches a treatment pen (fig. 4, 1) having a pen rod (fig. 4, handpiece 1b, col. 10 line 62), a pen cap (fig. 4, keyed coupler 6, col. 10 line 59), and a treatment needle (fig. 4, 10, col. 11 line 18), further comprising a negative pressure pump (fig. 4, syringe body 18 with plunger 19, col. 11 lines 25-30) detachably connected to the distal end of the pen rod (fig. 4, the syringe can reversibly mate with a bracket 20 to the body of the pen, and also reversibly mate with tubing 17 connected to the pen, col. 11 lines 20-22 and 40-43); a joint fixed on the surface of the pen cap (fig. 4, side port 16 is connected to hub 15 col. 11 lines 18-20); the negative pressure pump is connected to the joint through a drainage tube (fig. 4, compliant tubing 17, col. 11 line 40); the joint is communicated with the pen cap and the treatment needle (col. 11 lines 20-30); and the negative pressure pump is used for providing suction negative pressure for effusion within the lesion site when being started, so that the effusion can be pumped out from the lesion site (col. 11 lines 25-30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee’s treatment pen to have the configuration taught by Bagwell to include a negative pressure pump as taught by Bagwell for removing fluid, tissues, or other materials such as blood, fluid, or cells as needed (Bagwell, col. 11 lines 25-30).
Claim 1 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell in view of Yoon (US 2019/0224478 A1), hereafter Yoon.
Regarding Claim 1, Bagwell discloses a treatment pen (fig. 5, 1 driving actuator 1, col. 11 line 50) for a limb pain treatment instrument (col. 4 lines 15-23 and col. 3 lines 28-31) that outputs a vibration prescription signal to the treatment pen (col. 5 lines 7-14 and col. 8 lines 45-53), wherein the treatment pen comprises: a pen rod (fig. 3b, handpiece body 1b, col. 10 line 62), a switch button is provided on a surface of the pen rod (fig. 4, power button 9, col. 12 line 33, is shown in all configurations); a needle tube of the treatment needle extends out of a distal end of the pen cap (fig. 2a, needle tube is indicated with 10), a vibrator (fig. voice coil motor “VCM” 58, col. 8 lines 60-64) that can be controlled by the switch button to start and stop (col. 11 lines 50-52) is provided inside the pen rod (fig. 2b shows the voice coil motor components inside the pen rod 1b); the vibrator is configured to, when started, transmit physical kinetic energy corresponding to a vibration prescription signal to the treatment needle intervened into a lesion site (col. 4 lines 1-8).
However, Bagwell is silent on a main machine, the pen cap being detachably connected to the distal end of the pen rod, and the treatment needle being mounted in the pen rod after the pen cap is detached.
Yoon teaches a high frequency handpiece (fig. 1, title) which include a pen cap (fig. 5, 22, [0026]) detachably ([0050]) connected to a distal end of the pen rod (fig. 2, handle 100 [0022]), a treatment needle (fig. 5, 32 [0026]) can be mounted in the pen rod after the pen cap is detached ([0050-0051]). Yoon also teaches a main machine ([0018] high frequency generator, not shown).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bagwell’s invention to use a main machine to supply the vibration prescription to the pen in order to supply power to the handpiece device (Yoon [0018]), as well as to include a pen cap as taught by Yoon in order to detachably connect and disconnect the needle (Yoon [0051]) as well as to provide an easy grip for the thumb and index finger ([0028]).
Claim 2 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell and Yoon, further in view of KR 200417016, hereafter KR’016. A machine translation is relied upon to address claims.
Regarding Claim 2, Bagwell as modified discloses a treatment pen according to claim 1, wherein a contact surface is provided within the pen cap as modified by Yoon fig. 5, pen cap 22 with step 28 [0031]), and the contact surface is located at the distal end of the pen cap (Yoon fig. 5, step 28 is located at the distal end of the pen cap); and the treatment needle also comprises a needle tube holder fixedly connected to the needle tube (Bagwell fig. 2A needle has hub 11, col. 9 line 21), and when the treatment needle is fixed on the pen rod, a distal end surface of the needle tube holder contacts with the contact surface (as shown in Yoon fig. 5, the pen cap contacts Yoon’s needle assembly 3 by contacting step 28 [0031], and in the modified Bagwell device, will contact the needle tube holder 11 in the same way).
Bagwell is silent on an elastic wave bead for mounting and releasing the pen cap is provided at the distal end of the pen rod (as modified, Yoon’s coupling part 24 of holder 22 is rotated into a locking position with the pen rod, fig. 2 [0029]).
However, KR’016 teaches the use of an elastic wave bead to couple a pen cap to the body of an acupuncture pen (figs. 1 and 2, cap 220, pen 210, elastic wave bead 230, page 2 “And body portion” para.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute the coupling mechanism for Yoon’s pen cap to couple to Bagwell’s pen (as modified in claim 1) from the fitting slot and stopper (Yoon fig. 2 [0024]) to be the spring wave bead taught by KR’016, since the pen cap would still predictably couple to the pen rod.
Claim 3 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell, Yoon, and KR’016, as evidenced by Zule et al (“Factors that influence characteristics of needles and syringes used by people who inject drugs in Tajisktan” October 2015), hereafter Zule.
Regarding Claim 3, Bagwell as modified discloses a treatment pen according to claim 2, wherein the needle tube holder comprises a needle tube fixing part (Bagwell fig. 2A-2B, hub 11 is a standard Luer fitting which is bonded to the needle tube 10, col. 9 lines 21-23; as evidenced by Zule fig. 1, showing a standard needle, see annotated fig. below) and a clamping part fixedly connected to the needle tube fixing part (fig. 2A, a standard Luer fitting includes a clamping part at its opposite end to connect to the keyed coupler 6, col. 9 lines 21-23; see annotated Zule fig. 1 below), wherein the needle tube fixing part is provided with a needle tube mounting hole penetrating through the needle tube fixing part (this is the standard configuration of a needle with a Luer hub, see annotated Zule fig. below), the needle tube is inserted and fixed within the needle tube mounting hole (this is the standard configuration of a needle with a Luer fitting), the clamping part is annular and hollow (see annotated Zule fig, below, this is the standard Luer fitting configuration), and a cavity of the clamping part is communicated with the needle tube mounting hole (see annotated fig, below, this is the standard Luer fitting configuration); the distal end of the pen cap is provided with a needle tube exit hole (as modified by Yoon, fig 5, needle insertion hole 26, best seen in fig. 3 [0027]) and the needle tube can pass through the needle tube exit hole and extend out of the distal end of the pen cap (this configuration is shown in Yoon fig. 5 and applies to the modified Bagwell to allow needle 10 to exit the pen cap); the treatment pen also comprises a mounting bracket provided inside the pen rod (Bagwell figs. 1A and 1C, the assembly of keyed coupler 6 col. 9 line 18, VCM body 8, col. 9 line 10, and motor shaft 4, col. 9 line 9-10), wherein the mounting bracket comprises a bracket body extending along a length direction of the pen rod (Bagwell fig. 1A, see annotated fig. below) and a mastoid fixedly connected to the distal end of the bracket body (see annotated fig.); and the clamping part is sleeved and fixed on the mastoid (Bagwell fig. 2A, col. 9 lines 22-24, the hub 11 of the needle is Luer fitting that is connected to mounting bracket 6); wherein the bracket body comprises a first body part and a second body part which are oppositely arranged and fixedly connected (see annotated Bagwell fig. 1, the first boy part 8 is fixedly connected to first body part 6 via motor shaft 5, col. 10 lines 62-63), and the vibrator is fixedly connected between the first body part and the second body part (Bagwell fig. 1C, VCM components are contained within VCM body and is located between the body and 6, col. 9 lines 2-11); the mounting bracket further comprises a side wall fixed to distal ends of the first body part and the second body part and surrounding the mastoid (see annotated Bagwell fig. below), and the side wall is in contact with an outer side surface of the needle tube holder (fig. 2A-2B, the locking portion of the Luer hub 11 is located inside 6, col. 9 lines 20-24).
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Claim 5 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell and Yoon, further in view of Lee.
Regarding Claim 5, Bagwell as modified discloses a treatment pen according to claim 1, wherein the treatment pen further comprises a negative pressure pump (fig. 4, syringe body 18 with plunger 19, col. 11 lines 25-30) detachably connected to the distal end of the pen rod (fig. 4, the syringe can reversibly mate with a bracket 20 to the body of the pen, and also reversibly mate with tubing 17 connected to the pen, col. 11 lines 20-22 and 40-43); a joint fixed on the surface of the pen cap (fig. 4, side port 16 is connected to hub 15 col. 11 lines 18-20); the negative pressure pump is connected to the joint through a drainage tube (fig. 4, compliant tubing 17, col. 11 line 40); the joint is communicated with the pen cap and the treatment needle (col. 11 lines 20-30); and the negative pressure pump is used for providing suction negative pressure for effusion within the lesion site when being started, so that the effusion can be pumped out from the lesion site (col. 11 lines 25-30).
However, Bagwell as modified is silent on the pen cap is a pen cap made of transparent material.
Lee teaches a pen cap (fig. 1, 34, col. 3 line 12) for a vibrating needle (fig. 1, abstract) that is transparent and covers the needle so that the inner motion of the needle is visible (col. 3 lines 40-43).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the material of Yoon’s pen cap in the modified Bagwell device a transparent material as taught by Lee in order to allow the operator to visualize the motion of the needle while the device is activated.
Claim 10 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell, Yoon, and Lee, and further in view of Mooijman et al. (US 2003/0050619 A1). Hereafter Mooijman.
Regarding Claim 10, Bagwell discloses a treatment pen according to claim 5, but is silent on wherein the treatment pen further comprises a communication tube communicating the drainage tube and the joint; a control signal for starting and stopping the negative pressure pump comes from the main machine, and the main machine generates a corresponding control signal by detecting whether there is effusion at a position where a sensor in the communication tube is located.
Mooijman discloses a vibrating cutting tip (fig. 1, handpiece 16 [0018] which is ultrasonically vibrated for cutting [0005]) having a communication tube communicating the drainage tube and the joint (see annotated fig. 1 below); a control signal for starting and stopping the negative pressure pump (fig. 1, aspiration pump 20 [0018]) comes from the main machine (fig. 1, control console 12 [0018]), and the main machine generates a corresponding control signal by detecting whether there is effusion at a position where a sensor in the communication tube is located (fig. 1, information supplied to CPU 18 from sensor 30 is used to control aspiration vale 28 and pump 20 [0018] and [0024]).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change Bagwell’s suction pump from a syringe (fig. 4) to have a controller operated suction pump with a sensor to automatically suction fluid away from the treatment site and to detect for errors should the treatment pen become obstructed (Mooijman [0013] and [0019]).
Claim 11 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell, Yoon, and Lee, and Mooijman, further in view of Lefevre et al. (WO 2019/191181 A1), hereafter Lefevre, as evidenced by Areej (“Level measurement using Conductivity Probes” 2018), hereafter Areej.
Regarding Claim 11, the modified Bagwell discloses a treatment pen according to claim 10, but is silent on the sensor being a liquid level sensor. Instead, the sensor, as modified by Mooijman, is a pressure sensor ([0019]).
Lefevre teaches a fluid aspiration device (fig. 4C, [0031]) wherein the sensor is a liquid level sensor (fig. 4C, liquid level sensor 196 [0084]), and a control circuit board electrically connected to the liquid level sensor (control device 104 [0084]), the control circuit board is arranged in the main machine and electrically connected to a CPU main control circuit board (fig. 1A, control device 104 is located in a main machine). Lefevre is silent on the specific construction of the liquid level sensor; however, Areej shows the construction of a conventional liquid level sensor which comprises two electrodes fixed to an inner wall with a gap (see annotated figure below), and a control circuit board electrically connected to the two electrodes respectively (page 2, last para.); when there is effusion at a position where the two electrodes are located, the two electrodes are conducted (Areej page 2, last para.), and the control circuit board transmits an electrical signal corresponding to the conduction of the two electrodes to the CPU main control board (Areej page 2, last para.); or, when there is no effusion at the position where the two electrodes are located in the communication tube, the two electrodes are disconnected, and the control circuit board transmits an electrical signal corresponding to the disconnection of the two electrodes to the CPU main control board (Areej page 2).
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Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the sensor in the modified Bagwell to include a liquid level sensor as taught by Lefevre, as evidenced by Areej, so that the liquid level sensor, which is located on the inner wall of the communication tube (as taught by Mooijman fig. 1, 30), detects whether fluid is present in the communication tube, in order to determine whether the negative pressure pump should continue or cease operation based on the liquid level present in the tube (Lefevre [0084]).
Claim 12 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell and Yoon, further in view of Feng (US 2006/0235341 A1), hereafter Feng.
Regarding Claim 12, Bagwell as modified disclosed a treatment pen according to claim 1, but is silent on wherein the vibrator comprises a rotary centrifugal vibrator (the motor is a voice coil motor (“VMC”), col. 8 line 55).
However, Feng teaches a vibrating pen with a needle (fig. 2, needle 141 [0017]) that uses a rotary centrifugal vibrator in the form of an eccentric member (fig. 5, 131 [0017]) to generate vibrations ([0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute Bagwell’s voice coil motor for the rotary eccentric member taught by Feng as both motors would predictably be able to generate vibrations in the vibrating pen device.
Claim 13 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell, Yoon, and Feng, further in view of Goldstein (US 2018/0008512 A1), hereafter Goldstein, and Emery et al. (US 2022/0023670 A1), hereafter Emery.
Regarding Claim 13, Bagwell as modified discloses a treatment pen according to claim 12, wherein, when a rotary centrifugal vibrator that can be controlled by the switch button to start and stop is arranged inside the pen rod (as modified in claim 12, the eccentric motor taught by Feng would be controlled by the switch button in Bagwell’s device), but is silent on the treatment pen further comprises a printed circuit board PCB control board which is electrically connected to the rotary centrifugal vibrator and used for outputting a vibration prescription signal to the rotary centrifugal vibrator, and a common mode filter is also integrated on the PCB control board.
Goldstein teaches a vibrating pen (fig. 1, 10 [0048-0049]) that uses a printed circuit board to output a vibration prescription signal to a motor (fig. 6, 92 [0060]) in the form of, as an example, the length of time for the duration of time of treatment ([0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a printed circuit board PCB control board which is electrically connected to the rotary centrifugal vibrator and used for outputting a vibration prescription signal to the rotary centrifugal vibrator in Bagwell’s invention in order to control the length of time of treatment as taught by Goldstein ([0062]).
The now modified device remains silent on a common mode filter being integrated into the PCB.
Emery teaches the use of common mode filtering for use against common-mode noise in circuitry, which isolates circuits for measurement ([0111]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a common mode filter integrated into the PCB in order to isolate circuits against noise to improve any measurements needed from the circuitry.
Conclusion
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/SARA K TOICH/ Examiner, Art Unit 3785
/BRANDY S LEE/ Supervisory Patent Examiner, Art Unit 3785