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 Arguments
The 112 rejections have been withdrawn in light of the claim amendments.
The arguments on page 15-16 regarding claim 6 are persuasive and the rejection of claim 6 has been withdrawn.
Applicant's arguments filed 8/4/2025 have been fully considered but they are not persuasive.
The synthesizer arguments are moot in light of the new grounds of rejection, see Ueno (JP-4759694) or Applicant admitted prior art (AAPA) below.
Applicant argues the instant application requires “a plurality of bipolar contact electrodes comprise a plurality of first contact electrodes and a plurality of second contact electrodes”. The Applicant argues Michael only teaches 2 electrodes as shown in Figure 2. The examiner notes that Michael teaches in Paragraph [0018] discloses that a bipolar configuration of RF electrodes comprises two or more electrodes applied to the area being treated. Therefore, Michael does disclose more than 2 electrodes and encompasses a plurality of first contact electrodes and a plurality of second contact electrodes. The Applicant argues on page 26-27 that there is no rational for combining because the electrodes of Michael do not give an idea to arrange electrodes totally inside the cupping cavity. The examiner respectfully disagrees as Paragraph [0049] states electrodes 12 and 13 are mounted within the cavity. The Applicant argues on page 32-34 of the remarks that the combination must not destroy functionality of original art. The Applicant argues modifying Huang would modify or remove ultrasonic protrusion 22 to install the new electrodes to reserve enough space. The examiner argues there is nothing to support this requirement. Huang would be modified so that the electrodes are offset from the center structure as taught by Michael and the ultrasonic protrusion 22 would remain. On pages 38-40 the Applicant argues the electrodes of Michael cannot be directly used in Huang which would require reshaping of electrodes or housing, repositioning of the electrodes and other components, rearranging of the connections between new electrodes and other components, redesign of circuit structure, and reconsideration of the voltages and current of the components. Therefore, the suggested modification changes Huang’s principle operation and requires substantial reconstruction of Huang. The examiner respectfully disagrees as there is no evidence that this changes the principle of operation of Huang. Instead as suggested by the examiner this adds electrodes to the housing which are configured to connect to a bipolar radio-frequency (RF) generator to provide the predictable results of fat cell destruction and skin tightening. A person of ordinary skill in the art would be able to arrange providing proper power and wiring of components which would not change the principle of operation of Huang.
Regarding claim 2, on pages 12-14 the Applicant argues Michael on paragraph [0018] discloses a plurality of electrodes, but does not disclose the electrodes are symmetric with respect to the center of the negative pressure cavity. The examiner notes that Figure 1 illustrates the symmetric relationship of a cross section where electrodes 12 and 13 are symmetric with respect to a center of the negative pressure cavity. Furthermore having the active electrodes across from each other would optimize RF energy within the cavity used for fat cell destruction and skin tightening.
The Applicant argues on page 32-34 of the remarks that the combination must not destroy functionality of original art. The Applicant argues modifying Huang would modify or remove ultrasonic protrusion 22 to install the new electrodes to reserve enough space. The examiner argues there is nothing to support this requirement. Huang would be modified so that the electrodes are offset from the center structure as taught by Michael and the ultrasonic protrusion 22 would remain. On page 40 the Applicant argues the electrodes distributed annually cannot be directly used in Huang which would require reshaping of electrodes or housing, repositioning of the electrodes and other components, rearranging of the connections between new electrodes and other components, redesign of circuit structure, and reconsideration of the voltages and current of the components. Therefore, the suggested modification changes Huang’s principle operation and requires substantial reconstruction of Huang. The examiner respectfully disagrees as there is no evidence that this changes the principle of operation of Huang. Instead as suggested by the examiner this adds electrodes to the housing which are configured to connect to a bipolar radio-frequency (RF) generator to provide the predictable results of fat cell destruction and skin tightening. A person of ordinary skill in the art would be able to arrange providing proper power and wiring of components which would not change the principle of operation of Huang.
On page 14 the Applicant argues, regarding claim 4, the ultrasonic generator of Huang, Element 22, is different from a massage post. So Huang only arranges an ultrasonic generator 22 inside the cupping cavity and does not arrange a massage post inside the cupping cavity. The examiner notes that the disclosure, claims or arguments do not identify how the massage post is different from the ultrasonic generator of Huang. The Applicant appears to argue that by Huang’s element having the ability to generate ultrasound that the protrusion is somehow different and not able to massage tissue. The examiner notes that the ultrasound generator is positioned in the center of the negative pressure cavity (cupping) and that because of the negative pressure the tissue of the user can be squeezed and massage similar to the massage post of the instant invention. The Applicant had not provided any insight into how the ultrasound generator protrusion is different from the claimed massage post.
On page 17, regarding claim 7, Applicant argues Knowlton teaches using impedance sensors to monitor the amount of electrical contact area and if it falls below a minimum threshold to shut down current flow. The Applicant argues this is different from the claim limitation of the bipolar detection control terminal is configured to initially control the bipolar RF generator to output second energy to the plurality of bipolar contact electrodes, and detect a contact condition between the plurality of bipolar contact electrodes and a skin; and the bipolar detection control terminal controls the bipolar RF generator to output first energy to the plurality of bipolar contact electrodes when the plurality of bipolar contact electrodes fully contact the skin, wherein the first energy is greater than the second energy. The examiner respectfully disagrees as Knowlton discloses providing a current flow to the electrodes when they fully contact the skin (above threshold) and to reduce power to zero when they do not. The examiner notes that zero current (shut down) is less than current being provided to the electrodes
On page 28 the Applicant argues that Knowlton does not disclose the specific structure of 38 and the examiner does not explain what elements in Huang would need to be modified, how the element(s) be modified and whether component 38 of Knowlton can be directly used in Huang and therefore has not presented a prima facia case of obviousness. The examiner respectfully disagrees as on page 17 of the remarks the applicant identified how Knowlton utilizes impedance measurements from the electrodes to identify a contact are being above/below a threshold. The examiner notes that Applicant is also adding a component not required by the Graham V. Deere test for obviousness by requiring the examiner to explain what elements in Huang would need to be modified, how the elements would be modified, and whether components 38 of Knowlton can be directly used in Huang. The examiner notes it would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Huang, with wherein the bipolar RF generator is connected to a bipolar detection control terminal; the bipolar detection control terminal is configured to initially control the bipolar RF generator to output second energy to the plurality of bipolar contact electrodes, and detect a contact condition between the plurality of bipolar contact electrodes and a skin; the bipolar detection control terminal controls the bipolar RF generator to output first energy to the plurality of bipolar contact electrodes when the plurality of bipolar contact electrodes fully contact the skin, wherein the first energy is greater than the second energy as taught by Knowlton, since such a modification would provide the predictable results of improved safety to the patient by controlling the delivery of energy when electrical contact with the skin in not above suitable values.
Regarding claim 8, Applicant argues the instant application requires “a plurality of bipolar contact electrodes comprise a plurality of first contact electrodes and a plurality of second contact electrodes” The Applicant argues Michael only teaches 2 electrodes as shown in Figure 2. The examiner notes that Michael teaches in Paragraph [0018] discloses that a bipolar configuration of RF electrodes comprises two or more electrodes applied to the area being treated. Therefore, Michael does disclose more than 2 electrodes and encompasses a plurality of first contact electrodes and a plurality of second contact electrodes.
On page 21 the Applicant argues the components are separately independent components and the top elements making up 11 and 12 of Huang are only the part of the housing and not detachable. Thus Huang does not disclose an upper outer housing connected to the second surface of the base and sleeved outside the heating module. The examiner respectfully disagrees as the ability to be separated is not used in conjunction with a claimed element causing separation. Instead the claim is disclosing a relationship that is met by Huang where the components have been placed together. The examiner also notes that with the use of a saw or other object the elements are separatable and as noted above the claim has not required a structure for connecting and making them independent as argued. The Applicant argues on page 35-36 that there is no rational for combining because the electrodes of Michael do not give an idea to arrange electrodes totally inside the cupping cavity. The examiner respectfully disagrees as Paragraph [0049] states electrodes 12 and 13 are mounted within the cavity. The Applicant argues on page 32-34 of the remarks that the combination must not destroy functionality of original art. The Applicant argues modifying Huang would modify or remove ultrasonic protrusion 22 to install the new electrodes to reserve enough space. The examiner argues there is nothing to support this requirement. Huang would be modified so that the electrodes are offset from the center structure as taught by Michael and the ultrasonic protrusion 22 would remain. On pages 41-43 the Applicant argues the electrodes of Michael cannot be directly used in Huang which would require reshaping of electrodes or housing, repositioning of the electrodes and other components, rearranging of the connections between new electrodes and other components, redesign of circuit structure, and reconsideration of the voltages and current of the components. Therefore, the suggested modification changes Huang’s principle operation and requires substantial reconstruction of Huang. The examiner respectfully disagrees as there is no evidence that this changes the principle of operation of Huang. Instead as suggested by the examiner this adds electrodes to the housing which are configured to connect to a bipolar radio-frequency (RF) generator to provide the predictable results of fat cell destruction and skin tightening. A person of ordinary skill in the art would be able to arrange providing proper power and wiring of components which would not change the principle of operation of Huang.
On page 22-24, the applicant argues claim 9. The arguments pieces of a housing combined into a single piece means its impossible for there to be any connection relationship. The examiner respectfully disagrees as the claim does not require making the elements separable, only that the elements are connected which they are when combined in the housing. The examiner notes the claims do not recite any structure that would make the connection relationship argued by the Applicant. Since the elements are part of the housing they are connected to the housing.
Regarding claim 10, on pages 24-25 the applicant argues the ultrasonic generator of Huang, Element 22, is different from a massage post. So Huang only arranges an ultrasonic generator 22 inside the cupping cavity and does not arrange a massage post inside the cupping cavity. The examiner notes that the disclosure, claims or arguments do not identify how the massage post is different from the ultrasonic generator of Huang. The Applicant appears to argue that by Huang’s element having the ability to generate ultrasound that the protrusion is somehow different and not able to massage tissue. The examiner notes that the ultrasound generator is positioned in the center of the negative pressure cavity (cupping) and that because of the negative pressure the tissue of the user can be squeezed and massage similar to the massage post of the instant invention. The Applicant had not provided any insight into how the ultrasound generator protrusion is different from the claimed massage post. On page 36 the applicant argues modifying Huang would modify or remove ultrasonic protrusion 22 to install the new electrodes to reserve enough space. The examiner argues there is nothing to support this requirement. Huang would be modified so that the electrodes are offset from the center structure as taught by Michael and the ultrasonic protrusion 22 would remain. On pages 43-44 the Applicant argues the electrodes distributed annually cannot be directly used in Huang which would require reshaping of electrodes or housing, repositioning of the electrodes and other components, rearranging of the connections between new electrodes and other components, redesign of circuit structure, and reconsideration of the voltages and current of the components. Therefore, the suggested modification changes Huang’s principle operation and requires substantial reconstruction of Huang. The examiner respectfully disagrees as there is no evidence that this changes the principle of operation of Huang. Instead as suggested by the examiner this adds electrodes to the housing which are configured to connect to a bipolar radio-frequency (RF) generator to provide the predictable results of fat cell destruction and skin tightening. A person of ordinary skill in the art would be able to arrange providing proper power and wiring of components which would not change the principle of operation of Huang.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN209033307) (English translation provided in IDS dated 4/25/23) in view of Michael (2011/0112520) and Ueno (JP-4759694) or Applicant admitted prior art (AAPA).
Referring to Claim 1, Huang teaches a multifunctional beauty device, comprising: a base (e.g. Figures 3 and 4), wherein a first surface of the base is provided with an annular separator plate (e.g. cupping cavity edges making up cavity 23 and outer wall 25), and a negative pressure cavity is formed between the annular separator plate and the base (e.g. cupping cavity 23); a negative pressure air hole penetrating through the base and communicating with the negative pressure cavity, wherein the negative pressure air hole is configured to connect a negative pressure generator to form a negative pressure in the negative pressure cavity (e.g. Vacuum port 24); a plurality of microcurrent electrodes arranged on an outer side of the annular separator plate and connected to the base, wherein the plurality of microcurrent electrodes are configured to connect a low-intermediate frequency amplitude-modulation synthesizer (e.g. microcurrent protrusions 19 and 27); a massage post arranged on the inner side of the annular separator plate, connected to the base, and configured to conduct a massage when the negative pressure is sucked and released (e.g. protrusions 30 and 31); a heating module arranged on a second surface of the base and configured to preheat the plurality of microcurrent electrodes and the massage post, wherein the second surface of the base is opposite to the annular separator plate (e.g. heating wire 21). However, Huang does not disclose a plurality of bipolar contact electrodes arranged on an inner side of the annular separator plate and connected to the base, wherein the plurality of bipolar contact electrodes comprise a plurality of first contact electrodes and a plurality of second contact electrodes and the plurality of bipolar contact electrodes are configured to connect a bipolar radio-frequency (RF) generator; and a low-intermediate frequency amplitude-modulation synthesizer. Michael teaches that it is known to use a plurality of bipolar contact electrodes arranged on an inner side of the annular separator plate and connected to the base, wherein the plurality of bipolar contact electrodes comprise a plurality of first contact electrodes and a plurality of second contact electrodes and the plurality of bipolar contact electrodes are configured to connect a bipolar radio-frequency (RF) generator as set forth in Figure 1, Element 12 and 13 and Paragraphs [0018] and [0041] and claim 1 to provide fat cell destruction and skin tightening. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Huang, with a plurality of bipolar contact electrodes arranged on an inner side of the annular separator plate and connected to the base, wherein the plurality of bipolar contact electrodes comprise a plurality of first contact electrodes and a plurality of second contact electrodes and the plurality of bipolar contact electrodes are configured to connect a bipolar radio-frequency (RF) generator as taught by Michael, since such a modification would provide the predictable results of fat cell destruction and skin tightening.
Ueno teaches that it is known to use a beauty device with a low-intermediate frequency amplitude-modulation synthesizer as set forth in Paragraphs [0025]-[0027] and [0032]-[0033] to provide exercising of muscles and to give skin firmness. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Huang, with a beauty device with a low-intermediate frequency amplitude-modulation synthesizer as taught by Ueno, since such a modification would provide the predictable results of exercising of muscles and to give skin firmness. In the alternative, AAPA teaches that it is known to use a low-intermediate frequency amplitude-modulation synthesizer is the common low-frequency generator with intermediate-frequency amplitude modulation in the prior art as set forth in published paragraph [0066] to provide improving the body comfort of the user. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Huang, with a low-intermediate frequency amplitude-modulation synthesizer is the common low-frequency generator with intermediate-frequency amplitude modulation in the prior art as taught by AAPA, since such a modification would provide the predictable results of improving the body comfort of the user.
Referring to Claim 2, Huang in view of Michael and (UENO or AAPA) teaches the multifunctional beauty device according to claim 1, wherein the plurality of bipolar contact electrodes are arranged on the inner side of the annular separator plate (e.g. Michael, Figure 1); wherein a number of the plurality of first contact electrodes is identical to a number of the plurality of second contact electrodes, and the plurality of first contact electrodes and the plurality of second contact electrodes are symmetric with respect to a center of the negative pressure cavity (e.g. Michael, Figure 1 and Michael paragraph [0041]). However, Huang does not disclose the plurality of bipolar electrodes are distributed annularly. Michael teaches that it is known to use the plurality of bipolar contact electrodes are arranged on the inner side of the annular separator plate and distributed annularly as set forth in Figure 1, Element 12 and 13 and Paragraphs [0018] and [0041] to provide fat cell destruction and skin tightening. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Huang, with the plurality of bipolar contact electrodes are arranged on the inner side of the annular separator plate and distributed annularly as taught by Michael, since such a modification would provide the predictable results of fat cell destruction and skin tightening.
Referring to Claim 3, Huang in view of Michael and (UENO or AAPA)teaches the multifunctional beauty device according to claim 1, wherein the plurality of microcurrent electrodes are arranged on the outer side of the annular separator plate and distributed annularly and uniformly (e.g. Figure 4).
Referring to Claim 4, Huang in view of Michael and (UENO or AAPA)teaches the multifunctional beauty device according to claim 1, the massage post is arranged in a center of the negative pressure cavity (e.g. Figure 3, Element 22); heights of the massage post, the plurality of bipolar contact electrodes, the annular separator plate and the plurality of microcurrent electrodes gradually increase (e.g. Figure 3).
Referring to Claim 5, Huang in view of Michael and (UENO or AAPA) teaches the multifunctional beauty device according to claim 1, wherein the heating module is arranged on the second surface of the base (e.g. heating wire 21), and the base is made of a metal material, such that heat generated by the heating module is transferred to the plurality of bipolar contact electrodes, the plurality of microcurrent electrodes and the massage post (e.g. Paragraph [0008]).
Referring to Claim 8, Huang teaches a handpiece of a beauty instrument, comprising: a base (e.g. Figures 3 and 4), wherein a first surface of the base is provided with an annular separator plate (e.g. cupping cavity edges making up cavity 23 and outer wall 25), and a negative pressure cavity is formed between the annular separator plate and the base (e.g. cupping cavity 23); a negative pressure air hole penetrating through the base and communicating with the negative pressure cavity, wherein the negative pressure air hole is configured to connect a negative pressure generator to form a negative pressure in the negative pressure cavity (e.g. Vacuum port 24); a plurality of microcurrent electrodes arranged on an outer side of the annular separator plate and connected to the base, wherein the plurality of microcurrent electrodes are configured to connect a low-intermediate frequency amplitude-modulation synthesizer (e.g. microcurrent protrusions 19 and 27); a massage post arranged on the inner side of the annular separator plate, connected to the base, and configured to conduct a massage when the negative pressure is sucked and released (e.g. protrusions 30 and 31); a heating module arranged on a second surface of the base and configured to preheat the plurality of microcurrent electrodes and the massage post, wherein the second surface of the base is opposite to the annular separator plate (e.g. heating wire 21); an upper outer housing connected to the second surface of the base and sleeved outside the heating module (e.g. Figure 3, lower part of housing 12); a handle connected to the upper outer housing (e.g. Figure 3, top elements making up 11 and 12). However, Huang does not disclose a plurality of bipolar contact electrodes arranged on an inner side of the annular separator plate and connected to the base, wherein the plurality of bipolar contact electrodes comprise a plurality of first contact electrodes and a plurality of second contact electrodes and the plurality of bipolar contact electrodes are configured to connect a bipolar radio-frequency (RF) generator; and a low-intermediate frequency amplitude-modulation synthesizer.
Michael teaches that it is known to use a plurality of bipolar contact electrodes arranged on an inner side of the annular separator plate and connected to the base, wherein the plurality of bipolar contact electrodes comprise a plurality of first contact electrodes and a plurality of second contact electrodes and the plurality of bipolar contact electrodes are configured to connect a bipolar radio-frequency (RF) generator as set forth in Figure 1, Element 12 and 13 and Paragraphs [0018] and [0041] and claim 1 to provide fat cell destruction and skin tightening. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Huang, with a plurality of bipolar contact electrodes arranged on an inner side of the annular separator plate and connected to the base, wherein the plurality of bipolar contact electrodes comprise a plurality of first contact electrodes and a plurality of second contact electrodes and the plurality of bipolar contact electrodes are configured to connect a bipolar radio-frequency (RF) generator as taught by Michael, since such a modification would provide the predictable results of fat cell destruction and skin tightening.
Ueno teaches that it is known to use a beauty device with a low-intermediate frequency amplitude-modulation synthesizer as set forth in Paragraphs [0025]-[0027] and [0032]-[0033] to provide exercising of muscles and to give skin firmness. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Huang, with a beauty device with a low-intermediate frequency amplitude-modulation synthesizer as taught by Ueno, since such a modification would provide the predictable results of exercising of muscles and to give skin firmness.
In the alternative, AAPA teaches that it is known to use a low-intermediate frequency amplitude-modulation synthesizer is the common low-frequency generator with intermediate-frequency amplitude modulation in the prior art as set forth in published paragraph [0066] to provide improving the body comfort of the user. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Huang, with a low-intermediate frequency amplitude-modulation synthesizer is the common low-frequency generator with intermediate-frequency amplitude modulation in the prior art as taught by AAPA, since such a modification would provide the predictable results of improving the body comfort of the user.
Referring to Claim 9, Huang in view of Michael and (UENO or AAPA)teaches the handpiece of the beauty instrument according to claim 8, wherein the handle comprises a handle seat connected to the upper outer housing, wherein a grip is arranged on a first side of a top of the handle seat, and an arc-shaped gripping member is arranged on a second side of the top of the handle seat (Figure 3); through holes are respectively formed in a surface of the upper outer housing and a surface of the handle seat, and the through holes are configured to allow a negative pressure air tube and a line to penetrate through (e.g. Figure 3, exhaust 3 and trachea/air pipe 2).
Referring to Claim 10, Huang in view of Michael and (UENO or AAPA)teaches the handpiece of the beauty instrument according to claim 8, wherein the plurality of bipolar contact electrodes are (e.g. Michael, Figure 1); the plurality of microcurrent electrodes are arranged on the outer side of the annular separator plate and distributed annularly and uniformly (e.g. Figure 4); the massage post is arranged in a center of the negative pressure cavity (e.g. Figure 3, Element 22); heights of the massage post, the plurality of bipolar contact electrodes, the annular separator plate and the plurality of microcurrent electrodes gradually increase (e.g. Figure 3). Huang does not disclose the plurality of bipolar electrodes are distributed annularly. Michael teaches that it is known to use the plurality of bipolar contact electrodes are arranged on the inner side of the annular separator plate and distributed annularly as set forth in Figure 1, Element 12 and 13 and Paragraphs [0018] and [0041] to provide fat cell destruction and skin tightening. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Huang, with the plurality of bipolar contact electrodes are arranged on the inner side of the annular separator plate and distributed annularly as taught by Michael, since such a modification would provide the predictable results of fat cell destruction and skin tightening.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN209033307) in view of Michael (2011/0112520) and Ueno (JP-4759694) or Applicant admitted prior art (AAPA), as applied to claim 1 above, and further in view of Knowlton (US Publication 2004/0186535).
Referring to Claim 7, Huang in view of Michael and (UENO or AAPA)teaches the multifunctional beauty device according to claim 1, except wherein the bipolar RF generator is connected to a bipolar detection control terminal; the bipolar detection control terminal is configured to initially control the bipolar RF generator to output second energy to the plurality of bipolar contact electrodes, and detect a contact condition between the plurality of bipolar contact electrodes and a skin; the bipolar detection control terminal controls the bipolar RF generator to output first energy to the plurality of bipolar contact electrodes when the plurality of bipolar contact electrodes fully contact the skin, wherein the first energy is greater than the second energy.
Knowlton teaches that it is known to use wherein the bipolar RF generator is connected to a bipolar detection control terminal; the bipolar detection control terminal is configured to initially control the bipolar RF generator to output second energy to the plurality of bipolar contact electrodes, and detect a contact condition between the plurality of bipolar contact electrodes and a skin; the bipolar detection control terminal controls the bipolar RF generator to output first energy to the plurality of bipolar contact electrodes when the plurality of bipolar contact electrodes fully contact the skin, wherein the first energy is greater than the second energy as set forth in Figure 22 detection unit 38’ to provide improved safety to the patient by controlling the delivery of energy when electrical contact with the skin in not above suitable values. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Huang, with wherein the bipolar RF generator is connected to a bipolar detection control terminal; the bipolar detection control terminal is configured to initially control the bipolar RF generator to output second energy to the plurality of bipolar contact electrodes, and detect a contact condition between the plurality of bipolar contact electrodes and a skin; the bipolar detection control terminal controls the bipolar RF generator to output first energy to the plurality of bipolar contact electrodes when the plurality of bipolar contact electrodes fully contact the skin, wherein the first energy is greater than the second energy as taught by Knowlton, since such a modification would provide the predictable results of improved safety to the patient by controlling the delivery of energy when electrical contact with the skin in not above suitable values.
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 William J Levicky whose telephone number is (571)270-3983. The examiner can normally be reached Monday-Thursday 8AM-5PM EST.
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/WILLIAM J LEVICKY/Primary Examiner, Art Unit 3796