DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Priority Priority for the limitation in claims 25 and 38 requiring “ the RF energy heat ing the surface of the skin tissue to a temperature above 40 degrees C and less than 45 degrees C ” has been established as 11/16/2010. Information Disclosure Statement The information disclosure statement (IDS) submitted on 05/08/2023 has been considered by the examiner. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 25 and 38 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement. Claim 25 contains subject matter of “the applicator not being configured to deliver cooling” and “wherein no cooling is applied to the surface of the skin tissue before, during or after the application of the RF energy and the EMS” , and claim 38 contains “without active cooling of the surface of the skin tissue” was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification (and all previous versions in parent applications) does make any mentions in regards to the method of treatment not requiring a cooling of the skin. 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a). Claim s 25 and 27-37 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Bernabei et al. 2004/0220622 in view of Mehta et al. 2009/0156958 Regarding claim 25 , Bernabei a method of treating a person's skin tissue (abstract) , comprising: providing a radio frequency (RF) generator configured to provide RF energy to heat the skin tissue of the person (Figure 31, 3110 radiofrequency generator, 0138 describes the RF generator as being used to heat the skin) ; providing an electrical pulse generator (Pulse generator 400, figure 4) configured to provide electrical muscle stimulation (EMS) to muscles in a muscle layer located below the skin tissue (paragraph 0072) ; providing an applicator (Figure 5, probe 500) not configured to deliver cooling to a surface of the skin tissue (Cooling not mentioned as a form of temperature control) , the applicator configured to be placed in contact with the surface of the skin tissue (abstract) and including one or more electrodes (Figure 2b) configured to deliver the RF energy from the RF generator (0094 states “ The rollers 830 are conductive rollers, whereby the rollers 830 are electrically coupled to electrodes (see FIGS. 2A through 2C, for example) provided on the vibrating plate 810. ” 0138 states “ whereby the rf is provided to the skin by way of the rollers positioned on the head of the probe. ”) and the EMS from the electrical pulse generator to the skin tissue and the muscles respectively (Figure 4 depicts electrodes connected with pulse generator , claim 3 states “ wherein the treatment method is for reducing cellulite or fatty tissue disposed beneath the surface of the patient's skin. ” ) ; wherein the method including: contacting the applicator to the surface of the skin tissue (abstract) , then turning on and off the RF energy and the EMS (0092) , whereby application of the RF energy heats the surface of the skin tissue (0138) and application of the EMS provides the muscle stimulation (0072 mechanical stimulation) ; and, wherein no cooling is applied to the surface of the skin tissue before, during or after the application of the RF energy and the EMS (0140 describes the temperature as being controlled through a lessening of the heat applied and not through active cooling , as the temperature is maintained. ) . Bernabei fails to teach the RF heating taking place to a temperature above 40 degrees C and less than 45 degrees C . Mehta discloses an analogous skin treatment device that does teach RF heating taking place (0128 states “ In those variations of the device using an RF energy modality, the probes 104 can be arranged in a pair configuration. ”) to a temperature above 40 degrees C and less than 45 degrees C (0144 states that “ it is believed that the dermis should be heated to a predetermined temperature condition, at or about 65 degree C., without increasing the temperature of the epidermis beyond 42 degree C. ”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the range of heat delivery of Bernabei with the teachings of Mehta and include a temperature above 40 degrees C and less than 45 degrees C as this minimizes damage to the epidermis of the skin (0144). Regarding claim 27, Bernabei teaches the method of claim 25, wherein at least one electrode of the one or more electrodes is in electrical contact with the RF generator (0094 states “ The rollers 830 are conductive rollers, whereby the rollers 830 are electrically coupled to electrodes (see FIGS. 2A through 2C, for example) provided on the vibrating plate 810. ” 0138 states “ whereby the rf is provided to the skin by way of the rollers positioned on the head of the probe. ”) . Regarding claim 28, Bernabei teaches the method of claim 25, wherein at least one electrode of the one or more electrodes is in electrical contact with the electrical pulse generator (Figure 4 depicts electrodes connected with pulse generator) . Regarding claim 29, modified Bernabei teaches t he method of claim 25 , but fails to explicitly teach wherein the electrical pulse generator is configured to generate pulses in a range of 100 to 500 milliamperes , however it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the Bernabei such that the electrical pulse generator is configured to generate pulses in a range of 100 to 500 milliamperes , for the purpose of effectively stimulating muscle surrounding the area of treatment in order to contract to aid in squeezing out fat in the cellulite and fat (adipose) layers, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 30, modified Bernabei teaches the method of claim 25 , but fails to explicitly teach wherein stimulating the muscle layer occurs with electrical current in a range of 100 to 500 milliamperes , however it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the Bernabei such that wherein stimulating the muscle layer occurs with electrical current in a range of 100 to 500 milliamperes , for the purpose of effectively stimulating muscle surrounding the area of treatment in order to contract to aid in squeezing out fat in the cellulite and fat (adipose) layers, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 31, Bernabei teaches the method of claim 25, further comprising providing a control board for controlling the RF generator and the electrical pulse generator ( 0054 discusses the use of current control and 0140 discusses the use of controlled heating in response to sensor data. Both are only possible through some method of control . ). Regarding claim 32, Bernabei teaches the method of claim 31, further comprising providing a sensor in the handheld applicator to provide skin tissue measurements from the surface of the skin tissue to the control board (0140 states “ a temperature sensor is provided on the head of the probe, to determine when the skin reaches the desired temperature. ”) . Regarding claim 33, Bernabei teaches the method of claim 32, wherein the sensor is a temperature sensor (0140 states “ a temperature sensor is provided on the head of the probe, to determine when the skin reaches the desired temperature. ”) . Regarding claim 34, Bernabei teaches the method of claim 25, wherein the electrical pulse generator provides DC pulse signals between +500 ma to -500 ma (0061 discusses pulses being delivered at a peak current of 10 ma) . Regarding claim 35, Bernabei teaches the method of claim 25, wherein the RF energy is delivered with a frequency between 0.5 MHz to 2 MHz (0142 states “ a radio frequency of between 0.5 MHz and 27 MHz may be used instead ”). Regarding claim 36, Bernabei teaches the method of claim 25, wherein the EMS is delivered with pulses of DC current between +1 to 500 ma (0061 discusses pulses being delivered at a peak current of 10 ma and states “ The voltage of the second and following pulses applied to the skin decreases with the decreasing of the impedance of the skin, while maintaining the peak current at the same or almost the same value. ” ). Regarding claim 37, Bernabei teaches the method of claim 25 , further comprising activating the RF generator and the electrical pulse generator in one or more of the following activation patterns: sequentially and repetitively ( Paragraph 0008 discusses the use of sequential electrical pulses being delivered to the patient, wherein these pulses are repetitively applied. 0139 and 0140 discusses the rf generator being activated sequentially based on the current temperature reading, with a repetitive application of heat to the skin. The radio frequency can also be applied through a pulsed signal meaning that the activation would be sequential and repetitive.). Claim 26 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over modified Bernabei in view of Manstein et al. 2005/0222565 Regarding claim 26, modified Bernabei teaches the method of claim 25, wherein the electrical pulse generator delivers direct current (paragraph 0076 of Bernabei), but fails to teach wherein the RF generator delivers AC current . Manstein discloses an analogous skin tissue treatment device that does teach wherein the RF generator delivers AC current (0032 states “ the energy source 320 is a radio frequency (RF) device capable of outputting signals having frequencies in a desired range. In another exemplary embodiment, the energy source is capable of outputting an AC or DC electric current. ”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Bernabei with the teachings of Manstein an include wherein the RF generator delivers AC current in order to enhance a delivery of heat through efficient conversion of electrical current. Claims 38-47 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Bernabei , in view of Mehta and Azar et al. 2008/0183251 Regarding claim 38, Bernabei teaches a device for treating a person's skin tissue (abstract) , comprising: a radio frequency (RF) generator configured to provide RF energy to apply heat to the skin tissue (Figure 31, 3110 radiofrequency generator, 0138 describes the RF generator as being used to heat the skin) ; an electrical pulse generator (Pulse generator 400, figure 4) configured to provide electrical muscle stimulation (EMS) to muscles in a muscle layer located below the skin tissue (paragraph 0072) ; an applicator (Figure 5, probe 500) configured to be placed in contact with a surface of the skin tissue (abstract) and including one or more electrodes (Figure 2b) configured to deliver the RF energy from the RF generator (0094 states “ The rollers 830 are conductive rollers, whereby the rollers 830 are electrically coupled to electrodes (see FIGS. 2A through 2C, for example) provided on the vibrating plate 810. ” 0138 states “ whereby the rf is provided to the skin by way of the rollers positioned on the head of the probe. ”) and the EMS from the electrical pulse generator to the skin tissue and the muscles respectively (Figure 4 depicts electrodes connected with pulse generator, claim 3 states “ wherein the treatment method is for reducing cellulite or fatty tissue disposed beneath the surface of the patient's skin. ”) ; and a control board (inherent within the device as 0054 discusses the use of current control and 0140 discusses the use of controlled heating in response to sensor data. Both are only possible through some method of control . ) control controls the RF generator (0140) and the electrical pulse generator (Figure 4, transistor 430 provides a method of controlling the pulse delivery as discussed in 0058) , whereby , after the applicator is placed in contact with the surface of skin tissue (abstract) , the control board controls the electrical pulse generator such that the EMS are turned on and off (0070 states “ In the preferred embodiments described herein, an optical sensor (not shown) detects the movement of the eccentric of a motor that is used to provide the mechanical vibrations (see FIGS. 1A and 1B, for example), and gates the burst of electrical pulses based on the detected movement. ”) , wherein application of the RF energy heats the surface of the skin tissue (0138) without active cooling of the surface of the skin tissue (0140 describes the temperature as being controlled through a lessening of the heat applied and not through active cooling , as the temperature is maintained ) , and the application of the EMS stimulates the muscles (0072 mechanical stimulation) . Bernabei fails to teach the RF heating taking place to a temperature above 40 degrees C and less than 45 degrees C . Mehta does teach RF heating taking place (0128 states “ In those variations of the device using an RF energy modality, the probes 104 can be arranged in a pair configuration. ”) to a temperature above 40 degrees C and less than 45 degrees C (0144 states that “ it is believed that the dermis should be heated to a predetermined temperature condition, at or about 65 degree C., without increasing the temperature of the epidermis beyond 42 degree C. ”). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the range of heat delivery of Bernabei with the teachings of Mehta and include a temperature above 40 degrees C and less than 45 degrees C as this minimizes damage to the epidermis of the skin (0144). Bernabei still fails to explicitly teach the use of a control board to control the RF generator such that the RF is turned on and off. Azar discloses an analogous skin treatment method that does teach the use of a control board to control the RF generator such that the RF is turned on and off (paragraph 00 14 states that a controller unit is used to control the RF generating unit ). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Bernabei with the teachings of Azar and include the use of a control board to control the RF generator such that the RF is turned on and off as this allows for an initiation or termination of RF energy to the skin based on processed data (0024). Regarding claim 39, Bernabei teaches the method of claim 38 , wherein at least one electrode of the one or more electrodes is in electrical contact with the RF generator (0094 states “ The rollers 830 are conductive rollers, whereby the rollers 830 are electrically coupled to electrodes (see FIGS. 2A through 2C, for example) provided on the vibrating plate 810. ” 0138 states “ whereby the rf is provided to the skin by way of the rollers positioned on the head of the probe. ”) . Regarding claim 40, Bernabei teaches the method of claim 38 , wherein at least one electrode of the one or more electrodes is in electrical contact with the electrical pulse generator (Figure 4 depicts electrodes connected with pulse generator) . Regarding claim 41, modified Bernabei teaches the method of claim 38 , but fails to explicitly teach wherein the electrical pulse generator is configured to generate pulses in a range of 100 to 500 milliamperes , however it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the Bernabei such that the electrical pulse generator is configured to generate pulses in a range of 100 to 500 milliamperes , for the purpose of effectively stimulating muscle surrounding the area of treatment in order to contract to aid in squeezing out fat in the cellulite and fat (adipose) layers, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 42, modified Bernabei teaches the method of claim 38 , but fails to explicitly teach wherein stimulating the muscle layer occurs with electrical current in a range of 100 to 500 milliamperes , however it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the Bernabei such that wherein stimulating the muscle layer occurs with electrical current in a range of 100 to 500 milliamperes , for the purpose of effectively stimulating muscle surrounding the area of treatment in order to contract to aid in squeezing out fat in the cellulite and fat (adipose) layers, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 43, Bernabei teaches the method of claim 3 8 , further comprising a temperature sensor in the applicator to provide temperature measurements from the surface of the skin tissue to (0140 states “ a temperature sensor is provided on the head of the probe, to determine when the skin reaches the desired temperature. ”) . Regarding claim 44, Bernabei teaches the method of claim 38 , wherein the electrical pulse generator provides DC pulse signals between +500 ma to -500 ma (0061 discusses pulses being delivered at a peak current of 10 ma) . Regarding claim 45, Bernabei teaches the method of claim 38 , wherein the RF energy is delivered with a frequency between 0.5 MHz to 2 MHz (0142 states “ a radio frequency of between 0.5 MHz and 27 MHz may be used instead ”). Regarding claim 46, Bernabei teaches the method of claim 38 , wherein the EMS is delivered with pulses of DC current between +1 to 500 ma (0061 discusses pulses being delivered at a peak current of 10 ma and states “ The voltage of the second and following pulses applied to the skin decreases with the decreasing of the impedance of the skin, while maintaining the peak current at the same or almost the same value. ”). Regarding claim 47, Bernabei teaches the method of claim 38, wherein the control board is configured and operable to activa te the electrical pulse generator and the RF generator and the in one or more of the following activation patterns: sequentially and repetitively (Paragraph 0008 discusses the use of sequential electrical pulses being delivered to the patient, wherein these pulses are repetitively applied. 0139 and 0140 discusses the rf generator being activated sequentially based on the current temperature reading, with a repetitive application of heat to the skin. The radio frequency can also be applied through a pulsed signal meaning that the activation would be sequential and repetitive.). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ROHAN DEEP PATEL whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5538 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon - Fri 5:30 AM - 3:00 PM PST . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Brandy S Lee can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 2707410 . 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