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 amendment filed 05/04/2026 has been entered. Claims 2, 17, and 19-21 were canceled, and claims 29-33 were newly added. Claims 15-16, 18, 22, 24-25, 27-28 remain withdrawn as directed to a non-elected group. Thus, claims 1, 3, 5, 10-13, and 29-33 are pending in this application. Applicant’s amendments to the claims have overcome the objections and 112(b) rejections previously set forth in the Non-Final Office Action mailed 12/15/2025.
Response to Arguments
Applicant's arguments filed 05/04/2026 have been considered but they are not fully persuasive.
With regard to the argument on page 15-21, the amendments to claim 1 have resulted in the withdrawal of the rejection of claim 1 over Lee in view of Bagwell, rendering the arguments moot. Please refer to the updated rejection below of the updated claim 1 over Bagwell, Yoon, KR’016, and McMaster.
In response to applicant's arguments on pages 22-25 against the Bagwell and Yoon references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In addition, the arguments regarding the addition of the elastic wave bead to claim 1 renders the arguments moot in light of the new rejection below.
The arguments on pages 25-27 are not persuasive for the same reasons as above.
The remaining arguments are not persuasive in light of the updated rejection below, due to the addition of the previously unclaimed requirements of the construction of the elastic wave bead, including an external thread, and the means of operation of the elastic wave bead. Please refer to the updated rejection below.
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 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 31 are rejected under 35 U.S.C. 103 as unpatentable over Bagwell et al. (US 10219832 B2), hereafter Bagwell, in view of Yoon (US 2019/0224478 A1), hereafter Yoon, further in view of KR 200417016, hereafter KR’016, and McMaster-Carr (https://www.mcmaster.com/products/spring-loaded-pins/ball-nose-spring-plungers-1~~/, March 3, 2019; retrieved 05/29/2026; hereafter McMaster). A machine translation of KR’016 is relied upon to address claims.
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), and the treatment needle also comprises a needle tube holder fixedly connected to the needle tube (fig. 2A needle has hub 11, col. 9 line 21).
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), a contact surface is provided within the pen cap (fig. 5, pen cap 22 with step 28 [0031]), and the contact surface is located at the distal end of the pen cap (fig. 5, step 28 is located at the distal end of the pen cap); 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 (fig. 5, the pen cap contacts Yoon’s needle assembly 3 by contacting step 28 [0031]).
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]).
The modified device remains silent on wherein an elastic wave bead for mounting and releasing the pen cap is provided at the distal end of the pen rod, an outer surface of the elastic wave bead is provided with an external thread, the distal end of the pen rod is provided with a threaded hole, the elastic wave bead comprises a wave bead and a spring, the spring is compressed when the wave bead of the elastic wave bead is under pressure (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 for mounting and releasing the pen cap of an acupuncture pen (figs. 1 and 2, cap 220, pen 210, elastic wave bead 230, page 2 “And body portion” para.) provided at the distal end of the pen rod (figs. 1 and 2).
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.
KR’016 is silent on the outer surface of the wave bead is provided with an external thread, the distal end of the pen rod is provided with a threaded hole, the elastic wave bead comprises a wave bead and a spring, the spring is compressed when the wave bead of the elastic wave bead is under pressure.
However, spring-loaded release buttons, i.e., spring wave beads, including a wave bead and a spring, were known at the time of the invention (McMaster, see annotated fig.; product description, spring not shown but is located internally), the outer surface of the wave bead provided with an external thread (see annotated fig.), the spring is compressed when the wave bead of the elastic wave bead is under pressure (product description).
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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 simply substitute the McMaster spring wave bead in the device modified above, since the McMaster threaded spring wave bead would have performed equally well at retaining a needle cap in the manner taught by KR’016. It further would have been obvious to one of ordinary skill in the art to include a threaded hole in the distal end of the pen rod to retain the externally threaded wave bead.
Regarding Claim 31, the modified Bagwell discloses a treatment pen according to claim 1, wherein the treatment pen has at least one of the following characteristics: (c) the treatment needle is a specialized treatment needle or a disposable syringe needle, which is used to intervene in the lesion site caused by a soft tissue damage for diagnosis and/or treatment (Bagwell, col. 9 lines 149-22, a hypodermic needle having a LUER slip or Lok style is understood to be disposable). (Examiner’s note: the limitation above is selected as one of the alternative options).
Claim 3 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell, Yoon, KR’016, and McMaster, 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 1, 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, Yoon, KR’016, and McMaster, further in view of Shadduck (US 2021/0393018 A1), hereafter Shadduck.
Regarding Claim 5, Bagwell as modified discloses a treatment pen according to claim 1, but is silent wherein an ultraviolet disinfection band LED emitter which emits light towards the treatment needle is arranged at the distal end inside the pen rod, and is used for ultraviolet disinfection of the treatment needle and the pen cap.
Shadduck teaches a treatment pen having a needle for treating a patient’s skin (abstract; fig. 10, needles 244 [0047]) which uses an ultraviolet disinfection band LED emitter ([0070]) to emit light toward the treatment needle arranged at the distal end inside a pen rod (fig. 11, 285A,B [0064]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally include an ultraviolet disinfection band LED emitter which emits light towards the treatment needle is arranged at the distal end inside the pen rod, as taught by Shadduck, for the additional benefit of killing bacteria, and the LED would be capable of being used for ultraviolet disinfection of the treatment needle and the pen cap as installed as taught by Shadduck at the distal end of the pen rod.
Claim 12 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell, Yoon, KR’016, and McMaster, 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, KR’016, McMaster, 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 the 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 the 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.
Claim 29 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell, Yoon, KR’016, and McMaster, further in view of Lee (US 5735868), hereafter Lee, as evidenced by Cardinal Health (https://www.cardinalhealth.com/en/product-solutions/medical/patient-care/sharps-safety/medication-delivery/standard-needles-and-syringes/hypodermic-needles/soft-pack-hypodermic-needles.html; published online Mar. 1, 2021, accessed May 29, 2026).
Regarding Claim 29, Bagwell as modified discloses a treatment pen according to claim 1, but is silent on wherein the pen cap is provided with at least one sight window along a circumferential direction, and the needle tube holder is a needle tube holder made of transparent material, and the needle tube holder can be observed through each sight window.
Lee teaches the use of transparent materials in constructing a housing of a vibrating needle device (fig. 1, col. 3 lines 7-10; transparent syringe body 34, col. 3 lines 40-42). The transparent portion allows the user to see the inner motion of the needle (col. 3 lines 40-42), so that the user can see when the pen is in operational status.
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 modified Bagwell’s pe cap (as modified by Yoon fig. 2, 22) from a transparent material, as taught by Lee, in order for the user to be able to see when the pen in in operational status since the vibrations of the needle will be visible through the transparent window. With this modification, the needle tube holder would have been observed through the sight window of the pen cap, since the pen cap is transparent.
The modified Bagwell is silent on whether the needle tube holder (Bagwell fig. 2A, hub 11). However, since Bagwell discloses that the needle and hub may be a hypodermic needle, the material of the hub would have been understood to be made of a transparent material, as evidenced by Cardinal Health (the figure shows a transparent needle hub).
Claim 30 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell, Yoon, KR’016, and McMaster, further in view of Bachinski et al. (US 2013/0085551 A1), hereafter Bachinski.
Regarding Claim 30, the modified Bagwell discloses a treatment pen according to claim 1, the switch button are exposed on a surface of the pen rod (fig. 4, button 9 is exposed on the pen rod),
but is silent on wherein a printed circuit board (PCB) control board is also arranged inside the pen rod, an LED backlight, a vibration indicator lamp and the switch button are integrated on the PCB control board, the LED backlight and, and a working observation hole is also arranged on the surface of the pen rod, the working observation hole corresponds to a position of the vibration indicator lamp, and the LED backlight is closer to the distal end of the pen rod than the vibration indicator lamp, the PCB control board is also electrically connected to the vibrator.
Bachinski teaches an electrode pen (fig. 2, 100, abstract) that includes a PCB arranged inside the pen rod (fig. 3, mounting plate 110 is a PCB [0074]), a vibration indicator lamp (fig. 6, status indicator 170 can be an LED which indicates whether the device is operational [0091]) and a switch button (fig. 6, 108a [0091]) are integrated on the PCB ([0074] the electronic components are connected directly to the mounting plate 110), and a working observation hole arranged on the surface of the pen rod, the working observation hole corresponds to a position of the vibration indicator lamp (fig. 6 shows a dome through the housing of the pen rod to see whether the lamp is illuminated). Bachinski’s device may additionally be used with a needle as an alternate tip ([0085]). An LED backlight ([0091] an additional status indicator in the form of a display, i.e. an LED backlight, may be implemented).
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 electronic component construction from an IC and microcontroller to the PCB taught by Bachinski, since both electronic arrangements would perform equally well at supporting the vibrator and the switch button. It also would have been obvious to include a vibration indicator lamp and LED backlight connected to the PCB in order to allow the user to see when the device is operational and to display a status of the device, as taught by Bachinski ([0091]). It further would have been obvious that the PCB control board is also electrically connected to the vibrator, since Bagwell’s electronic controls operate the vibrator (col. 16 lines 16-17).
While the modified device is silent on whether the LED backlight is closer to the distal end of the pen rod than the vibration indicator lamp, it has been held that rearranging parts is a matter of design choice. See MPEP 2144.04(VI)(C) In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the LED backlight closer to the distal end of the pen rod than the vibration indicator light, as an obvious matter of design choice.
Claim 32 is rejected under 35 U.S.C. 103 over Bagwell, Yoon, KR’016, and McMaster, further in view of Lee.
Regarding Claim 32, 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 is fixed on a 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, KR’016, McMaster, 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 32, 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, KR’016, McMaster, 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 33 is rejected under 35 U.S.C. 103 as unpatentable over Bagwell, Yoon, KR’016, McMaster, and further in view of Braig et al. (US 2006/0217636 A1), hereafter Braig.
Regarding Claim 33, the modified Bagwell discloses a treatment pen according to claim 1, but is silent on wherein at least one of the treatment needle, the pen cap and the pen rod has terahertz energy, and a frequency of the terahertz energy is 0.1 THz -10 THz (examiner’s note: it has been interpreted that this limitation means that the treatment needle, the pen cap, and/or the pen rod is able to interact with a terahertz source in the claimed range, and not that these components are responsible for directly emitting the terahertz energy).
Braig teaches the use of nerve stimulating lance (abstract) that uses an energy source to emit energy in the terahertz range ([0070]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause at least one of the treatment needle, the pen cap, and the pen rod of the modified Bagwell to have a terahertz energy in the frequency range of 0.1THz-10THz, since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the pen components of the modified Bagwell would need to be able to interact with the frequency range required to treat the patient, which may be in the terahertz range as taught by Braig. Further, applicant places no criticality on the range claimed, indicating simply that the energy of the pen device are terahertz energy, the frequency of the terahertz energy is 0.1THz-10THz (pages 41-42).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA K. TOICH whose telephone number is (703)756-1450. The examiner can normally be reached M-Th 7:30 am - 4:30 pm, every other F 7:30-3:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy S. Lee can be reached at (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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/SARA K TOICH/ Examiner, Art Unit 3785
/BRANDY S LEE/ Supervisory Patent Examiner, Art Unit 3785
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