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 .
Priority
Examiner acknowledges the foreign priority date given of 02/28/2022 for the present application.
Response to Amendment
Examiner acknowledges the amendments made to claims 1 and 7 with claim 4 canceled in prosecution and new claim 9 added. Claims 1-3 and 5-9 are currently pending in the present application.
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.
Claim(s) 1-3 and 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US Patent No 20230210581) in view of Stern (US Patent No 20040111087) further in view of Bourquin (US Patent No 20210322098). Examiner realizes that the Kim reference was published on 07/06/2023 which is after the priority date of the present application, however the Kim reference claims priority to a Korean application 10-2020-0093474 which was published 07/28/2020 and therefore qualifies the Kim reference as relevant prior art of record.
Regarding claim 1, Kim teaches a skin treatment device capable of automatically outputting high-frequency energy (high frequency energy transfer device, [0035]), the skin treatment device comprising: a tip configured to be in contact with skin and transmit high-frequency energy (signal transfer unit 100 for transferring high frequency energy, which equates to the tip, is placed in contact with the skin, [0037]); a handpiece to which the tip is mounted (the device may include a handpiece, [0035]), and configured to be gripped by a user and to allow the tip to be located on the skin (signal transfer unit 100 for transferring high frequency energy, which equates to the tip, is placed in contact with the skin, [0037]); and a controller configured to control output of the high- frequency energy so that the high-frequency energy passes through the handpiece and is transmitted through the tip (control unit 300 which controls via a signal generator unit 200 the high frequency energy that is delivered to the skin via transfer unit 100, [0068]) wherein the tip comprises an electrode removably coupled to one portion of the handpiece (wherein the electrode assembly can be detachably connected to the handpiece housing, [0006]), and the handpiece comprises a pressure detecting sensor configured to detect pressure applied to the tip (signal transfer unit 100 further includes a sensing unit 130 for sensing changes in pressure on the skin portion, [0083]) and an acceleration detecting sensor configured to detect acceleration input in response to movement of the handpiece (signal transfer unit 100 contains the sensor unit 130 which may also be implemented as an acceleration sensor for detecting movement, [0084]).
Kim does not teach wherein the tip feature comprises a rectangular shaped electrode and at least four temperature detecting sensors at a front surface of the tip and around in the corners of the electrode thereof to detect temperature of the contacted skin and wherein the controller is configured to detect the temperature of the contacted skin via the temperature detecting sensor.
However, temperature sensing and controlling capabilities are well known to those skilled in the art as seen in the analogous high frequency tissue treatment device of Stern. For example, Stern teaches a tip feature which comprises a rectangular shaped electrode (from Stern, see electrode 20 which is seen in a rectangular configuration in figs 1 and 3) and at least four temperature detecting sensors at a front surface of the tip and around in the corners of the electrode thereof (from Stern, in which multiple thermal sensors 42 are coupled to the surface of the electrode 20, in specific a sufficient amount of thermal sensors 42 are provided as to be positioned in each corner of the electrode 20, [0052]) to detect temperature of the contacted skin and wherein the controller is configured to detect the temperature of the contacted skin via the temperature detecting sensor (see from Stern, [0053] – [0054], in which the sensors 42 are in communication with an electrode control element to provide the temperature of the contacted skin/tissue during treatment).
Therefore, it would have been obvious to one skilled in the art prior to the effective filing date to combine the high frequency delivery device of Kim to contain the specific temperature sensing and controlling capabilities of Stern as it is important to monitor the temperature of the patient and change the treatment magnitude accordingly when delivering treatment energy as disclosed by Stern, [0053].
Furthermore, the combination of Kim and Stern does not explicitly teach that the controller determines that the electrode is in contact with the skin when the electrode is brought into contact with the skin and the detected temperature of the contacted skin is equal to or higher than a preset reference temperature, and to control output of the high-frequency energy based on determination that the electrode is in contact with the skin.
However, the prior art of Stern does disclose that the temperature sensors can be used to measure the temperature of the skin when in contact [0053] and the analogous handheld RF delivery treatment device taught by Bourquin does disclose that the temperature sensor and controller can be used with the functionality to determine that the electrode is in contact with the skin when the electrode is brought into contact with the skin and the detected temperature of the contacted skin is equal to or higher than a preset reference temperature (see Bourquin, [0050], in which it is taught that the skin property sensors 14 and 16 which are found next to the treatment aperture 6 can detect if skin is in contact with the treatment device if the temperature sensor detects that the skin has a higher threshold temperature than the ambient air), and to control output of the high-frequency energy based on determination that the electrode is in contact with the skin (see Bourquin, [0050] in which the skin property sensors 14 and 16 detect skin contact and are then in communication with the control unit 10 so that the treatment end 7 can deliver the energy pulse to the skin, wherein the treatment energy may be high frequency treatment, [0008]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the skin treatment device and temperature sensing capabilities of Kim and Stern to also contain the specific skin contact temperature sensing capabilities taught by Bourquin as it is another known method in the art for determining skin contact and it also allows for more precise and specific energy treatment capabilities as taught by Bourquin, [0050].
Regarding claim 2, the combination teaches the skin treatment device of claim 1, the electrode is provided to transmit the high-frequency energy via the front surface when the electrode is in contact with the skin (from Kim, the electrode assembly is configured to be detachably connected to the handpiece housing and configured to transfer high frequency energy to the skin, [0006]).
Regarding claim 3, the combination teaches the skin treatment device of claim 2, further comprising: a high-frequency generator configured to generate the high-frequency energy having specific frequency, waveform, and power and to transmit the high-frequency energy to the tip (see Kim, [0067], which discloses the signal generator unit 200 capable of generating a high frequency signal with predetermined power and frequency to be delivered via the electrode assembly 110), wherein the controller is configured to generate a pulse signal to control at least one of frequency, power, and pulse interval of the high-frequency energy generated from the high- frequency generator and to transmit the pulse signal to the high-frequency generator, so that the high-frequency generator generates the high-frequency energy corresponding to the pulse signal (Kim, the signal generator unit 200 may receive a pulse signal from the control unit 300 for a specific frequency or pattern to generate a high frequency pulse signal to be delivered, [0068]).
Regarding claim 5, the combination teaches the skin treatment device of claim 1, wherein the controller is configured to detect pressure applied to the tip via the pressure detecting sensor as the tip is brought into contact with the skin (Kim, signal transfer unit 100 further includes a sensing unit 130 for sensing changes in pressure on the skin portion, [0083]), and to determine whether the detected pressure is less than a preset pressure value or equal to or higher than the preset pressure to determine whether or not the tip is in contact with the skin (Kim, the sensor may measure if the contact pressure is higher or lower than a preset reference pressure value measured by the controller, [0018]).
Regarding claim 6, the combination teaches the skin treatment device of claim 1, wherein the controller is configured to detect acceleration input as the handpiece moves, via the acceleration detecting sensor (Kim, signal transfer unit 100 contains the sensor unit 130 which may also be implemented as an acceleration sensor for detecting movement, [0084]), and to determine whether the detected acceleration is less than a preset acceleration value or equal to or higher than the preset acceleration value to determine whether or not the handpiece moves (from Kim, the acceleration of the transfer unit is measured by the sensing unit 130 and is measured with the control unit 300 to see if the acceleration surpasses or is equal to a preset acceleration value, [0092]).
Regarding claim 7, Kim teaches a control method of a skin treatment device, the control method comprising: obtaining a control signal to generate high-frequency energy (signal transfer unit 100 for transferring high frequency energy, which equates to the tip, is placed in contact with the skin, [0037]), the control signal being capable of controlling output of the high-frequency energy by a controller (control unit 300 which controls via a signal generator unit 200 the high frequency energy that is delivered to the skin via transfer unit 100, [0068]); determining whether or not the obtained control signal is a first mode; determining whether or not the obtained control signal is a second mode (see [0124] and [0125] which disclose the control unit 300 deciphering if the signal is in a first or second mode); and performing an individual mode to control high-frequency energy generation of a high-frequency generator (control unit 300 may signal the signal generator unit 200 to delivery high frequency signal after acquiring the mode input, [0126]) by each of a pressure detecting sensor (signal transfer unit 100 further includes a sensing unit 130 for sensing changes in pressure on the skin portion, [0083]), and an acceleration detecting sensor (signal transfer unit 100 contains the sensor unit 130 which may also be implemented as an acceleration sensor for detecting movement, [0084]).
Kim does not teach wherein the tip feature comprises a rectangular shaped electrode and at least four temperature detecting sensors at a front surface of the tip and around in the corners of the electrode thereof to detect temperature of the contacted skin and wherein the controller is configured to detect the temperature of the contacted skin via the temperature detecting sensor.
However, temperature sensing and controlling capabilities are well known to those skilled in the art as seen in the analogous high frequency tissue treatment device of Stern. For example, Stern teaches a tip feature which comprises a rectangular shaped electrode (from Stern, see electrode 20 which is seen in a rectangular configuration in figs 1 and 3) and at least four temperature detecting sensors at a front surface of the tip and around in the corners of the electrode thereof (from Stern, in which multiple thermal sensors 42 are coupled to the surface of the electrode 20, in specific a sufficient amount of thermal sensors 42 are provided as to be positioned in each corner of the electrode 20, [0052]) to detect temperature of the contacted skin and wherein the controller is configured to detect the temperature of the contacted skin via the temperature detecting sensor (see from Stern, [0053] – [0054], in which the sensors 42 are in communication with an electrode control element to provide the temperature of the contacted skin/tissue during treatment).
Therefore, it would have been obvious to one skilled in the art prior to the effective filing date to combine the high frequency delivery device of Kim to contain the specific temperature sensing and controlling capabilities of Stern as it is important to monitor the temperature of the patient and change the treatment magnitude accordingly when delivering treatment energy as disclosed by Stern, [0053].
Furthermore, the combination of Kim and Stern does not explicitly teach that the controller determines that the electrode is in contact with the skin when the electrode is brought into contact with the skin and the detected temperature of the contacted skin is equal to or higher than a preset reference temperature, and to control output of the high-frequency energy based on determination that the electrode is in contact with the skin.
However, the prior art of Stern does disclose that the temperature sensors can be used to measure the temperature of the skin when in contact [0053] and the analogous handheld RF delivery treatment device taught by Bourquin does disclose that the temperature sensor and controller can be used with the functionality to determine that the electrode is in contact with the skin when the electrode is brought into contact with the skin and the detected temperature of the contacted skin is equal to or higher than a preset reference temperature (see Bourquin, [0050], in which it is taught that the skin property sensors 14 and 16 which are found next to the treatment aperture 6 can detect if skin is in contact with the treatment device if the temperature sensor detects that the skin has a higher threshold temperature than the ambient air), and to control output of the high-frequency energy based on determination that the electrode is in contact with the skin (see Bourquin, [0050] in which the skin property sensors 14 and 16 detect skin contact and are then in communication with the control unit 10 so that the treatment end 7 can deliver the energy pulse to the skin, wherein the treatment energy may be high frequency treatment, [0008]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the skin treatment device and temperature sensing capabilities of Kim and Stern to also contain the specific skin contact temperature sensing capabilities taught by Bourquin as it is another known method in the art for determining skin contact and it also allows for more precise and specific energy treatment capabilities as taught by Bourquin, [0050].
Regarding claim 8, the combination teaches the control method of claim 7, wherein in the determining of the existing of the first mode, the first mode is a mode generating high-frequency energy corresponding to a pulse signal input only during a specific time, via the high-frequency generator (from Kim, The first mode may be a mode for generating a high-frequency signal corresponding to the pulse signal input only for a specific time period through the signal generation unit 200, [0127]), and in the determining of the existing of the second mode, the second mode is a mode automatically and repeatedly generating a high-frequency signal corresponding to a pulse signal input without a specific time limit, via the high-frequency generator (from Kim, The second mode may be a mode for repeatedly generating a high-frequency signal corresponding to the pulse signal input through the signal generation unit 200 without a specific time limit, [0128]), and the second mode is continuously maintained when pressure applied to a tip and movement of a handpiece are detected (from Kim, the second mode is continuously maintained when movement of the transfer unit 100 is sensed, [0128]).
Regarding claim 9, Kim teaches a skin treatment device capable of automatically outputting high-frequency energy (high frequency energy transfer device, [0035]), the skin treatment device comprising: a tip configured to be in contact with skin and transmit high-frequency energy (signal transfer unit 100 for transferring high frequency energy, which equates to the tip, is placed in contact with the skin, [0037]); a handpiece to which the tip is mounted (the device may include a handpiece, [0035]), and configured to be gripped by a user and to allow the tip to be located on the skin (signal transfer unit 100 for transferring high frequency energy, which equates to the tip, is placed in contact with the skin, [0037]); and a high-frequency generator configured to output the high-frequency energy (signal generator unit 200, which generates high frequency treatment energy, [0068]); a controller configured to control the high-frequency generator to output the high-frequency energy so that the high-frequency energy passes through the handpiece and is transmitted through the tip (control unit 300 which controls via a signal generator unit 200 the high frequency energy that is delivered to the skin via transfer unit 100, [0068]) wherein the tip comprises an electrode removably coupled to one portion of the handpiece (wherein the electrode assembly can be detachably connected to the handpiece housing, [0006]), and wherein the handpiece comprises a pressure detecting sensor configured to detect pressure applied to the tip (signal transfer unit 100 further includes a sensing unit 130 for sensing changes in pressure on the skin portion, [0083]) and an acceleration detecting sensor configured to detect acceleration input in response to movement of the handpiece (signal transfer unit 100 further includes a sensing unit 130 for sensing changes in pressure on the skin portion, [0083]), the controller is configured to determine whether the handpiece moves by a predetermined distance on the skin based on the detected acceleration input (from Kim, the acceleration of the transfer unit is measured by the sensing unit 130 and is measured with the control unit 300 to see if the acceleration surpasses or is equal to a preset acceleration value, [0092]), in response to the controller determining that the handpiece moves by the predetermined distance on the skin, the controller is configured to control the high-frequency generator to output the high-frequency energy, and in response to the controller determining that the handpiece has not moved by the predetermined distance on the skin, the controller is configured to control the high-frequency generator to stop the high-frequency energy (see from Kim, [0092] –[0093] in which the sensor unit 130 is continuously sensing the acceleration when moving the handpiece along the skin, and the sensor unit 130 can control the signal transfer unit 100 and generator unit 200 to either continue delivering high frequency energy or cease the delivery of high frequency energy in response to the acceleration input in comparison to the preset threshold).
Kim does not teach a temperature detecting sensor at a front surface of the tip and around the electrode to detect temperature of the contacted skin.
However, temperature sensing and controlling capabilities are well known to those skilled in the art as seen in the analogous high frequency tissue treatment device of Stern. For example, Stern teaches a temperature detecting sensor at a front surface of the tip and around the electrode to detect temperature of the contacted skin (from Stern [0052] – [0054], in which multiple thermal sensors 42 are coupled to the surface of the electrode 20 and in which the sensors 42 are in communication with an electrode control element to provide the temperature of the contacted skin/tissue during treatment).
Therefore, it would have been obvious to one skilled in the art prior to the effective filing date to combine the high frequency delivery device of Kim to contain the specific temperature sensing and controlling capabilities of Stern as it is important to monitor the temperature of the patient and change the treatment magnitude accordingly when delivering treatment energy as disclosed by Stern, [0053].
Furthermore, the combination of Kim and Stern does not explicitly teach that the controller determines that the electrode is in contact with the skin when the electrode is brought into contact with the skin and the detected temperature of the contacted skin is equal to or higher than a preset reference temperature, and to control output of the high-frequency energy based on determination that the electrode is in contact with the skin.
However, the prior art of Stern does disclose that the temperature sensors can be used to measure the temperature of the skin when in contact [0053] and the analogous handheld RF delivery treatment device taught by Bourquin does disclose that the temperature sensor and controller can be used with the functionality to determine that the electrode is in contact with the skin when the electrode is brought into contact with the skin and the detected temperature of the contacted skin is equal to or higher than a preset reference temperature (see Bourquin, [0050], in which it is taught that the skin property sensors 14 and 16 which are found next to the treatment aperture 6 can detect if skin is in contact with the treatment device if the temperature sensor detects that the skin has a higher threshold temperature than the ambient air), and to control output of the high-frequency energy based on determination that the electrode is in contact with the skin (see Bourquin, [0050] in which the skin property sensors 14 and 16 detect skin contact and are then in communication with the control unit 10 so that the treatment end 7 can deliver the energy pulse to the skin, wherein the treatment energy may be high frequency treatment, [0008]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the skin treatment device and temperature sensing capabilities of Kim and Stern to also contain the specific skin contact temperature sensing capabilities taught by Bourquin as it is another known method in the art for determining skin contact and it also allows for more precise and specific energy treatment capabilities as taught by Bourquin, [0050].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding the arguments made with respect to claims 1 and 7 in view of the amended claim limitations, the examiner agrees that neither of the prior art references of Kim, Azar or Bourquin appear to teach the specific structure of a rectangular electrode found on the tip piece which contains at least four temperature sensors located in each corner of the electrode. However, due to the amendments made to claims 1 and 7, this necessitated further search and consideration by the examiner in which it has been found that the new prior art of record of Stern discloses a tip feature which comprises a rectangular shaped electrode (from Stern, see electrode 20 which is seen in a rectangular configuration in figs 1 and 3) and at least four temperature detecting sensors at a front surface of the tip and around in the corners of the electrode thereof (from Stern, in which multiple thermal sensors 42 are coupled to the surface of the electrode 20, in specific a sufficient amount of thermal sensors 42 are provided as to be positioned in each corner of the electrode 20, [0052]). Therefore, as the new prior art of record of Stern teaches the limitations of the independent claims 1 and 7 as currently amended, the claims remain rejected under the new prior art of record rejection of Kim in view of Stern further in view of Bourquin set forth in the present office action.
Furthermore, in regards to the new claim 9, specifically the remark made that the new limitation of having the “controller determining that the handpiece moves by the predetermined distance on the skin, the controller is configured to control the high-frequency generator to output the high-frequency energy, and in response to the controller determining that the handpiece has not moved by the predetermined distance on the skin, the controller is configured to control the high-frequency generator to stop the high-frequency energy,” is not present in the prior art of record has been considered but is ultimately unpersuasive. After further consideration it has been found that the prior art of Kim does teach in paragraphs [0092] –[0093] that the sensor unit 130 is continuously sensing the acceleration when moving the handpiece along the skin, and the sensor unit 130 can control the signal transfer unit 100 and generator unit 200 to either continue delivering high frequency energy or cease the delivery of high frequency energy in response to the acceleration input in comparison to the preset distance threshold. Therefore, the previous prior art of record of Kim teaches the new limitations presented in the new claim 9 and it too remains rejected under the new prior art of record rejection of Kim in view of Stern further in view of Bourquin set forth in the present office action.
As no further remarks or arguments have been made regarding any further dependent claims, they too remain rejected under the new prior art of record rejection set forth in the present office action.
Conclusion
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/LINDA C DVORAK/Primary Examiner, Art Unit 3794
/KYLE M. BROWN/Examiner, Art Unit 3794
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