DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/14/2026 has been entered.
Response to Amendment
3. This is an office action in response to Applicant's arguments and remarks filed on 08/14/2026. Claims 11-16 and 18-23 are pending in the application. Claims 11-14 have been withdrawn and claims 15-16 and 18-23 are being examined herein.
Status of Objections and Rejections
4. All rejections from the previous office action are maintained.
Response to Arguments
5. In the arguments presented on p.5-7 of the amendment, the Applicant argues that primary reference Wunderl (DE 102018209735 A1, cited in prior office action) does not anticipate the amended claim 15 limitation of “a potential equalizing facility being configured to be contacted by the hand of the user and being spaced apart from the treatment surface”. Specifically, the term “potential equalizing facility”, as described in the instant Specification, is a separate component provided for the purpose of equalizing the electrical potential generated by the device and the user’s hand (i.e., eliminates shocking the user’s hand) and is not any housing portion (e.g., Wunderl’s housing components) but a distinct structure intentionally provided to perform potential equalization.
The Examiner does not find this argument persuasive. While it may be true that Wunderl’s generic housing components are conceptually distinct from the Applicant’s potential equalizing facility, there are no positively recited structural limitations that distinguish the Applicant’s potential equalizing facility from Wunderl’s generic housing components. The term "potential equalizing facility" is a broad term that means any physical object/surface that comes into contact with any other physical object/surface is an electrical potential equalizer based off of the concept of conductivity. Furthermore, there is no limitation in claim 15 stated in regards to the potential equalizing facility of the instant application that distinguishes it from a standard housing component of Wunderl. More structure regarding the potential equalizing facility is required for the Examiner to interpret it as the Applicant intends.
It is noted that the features upon which applicant relies (i.e., reducing electrostatic discharge to the user) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 102
6. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
7. Claims 15-16, 18-20, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wunderl et al. (DE 102018209735 A1).
Regarding claim 15, Wunderl teaches a hand-guided device (Fig. 1-5), comprising: an electrically insulating housing (spacer 7, plasma source 5, and dashed portion of base body 3, see drawing below, Fig. 1-5);
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an outer surface of the device (exterior surface of housing as mapped above, Fig. 1-5) which, during use of the device, is in contact with a hand of a user (portion of base body 3 highlighted in the drawing above is in held by a hand) and is at least in part electrically conductive (because all materials in the universe have an electrical conductivity value, the material used for the housing of spacer 7, plasma source 5, and portion of base body 3 are thus “electrically conductive”);
said plasma source having an outer treatment surface (treatment object/skin-facing surface of electrode arrangement 58, Fig. 4), and said plasma source being configured to generate plasma during an operation of the device (p.8, 2nd to last paragraph of English translation) on said outer treatment surface (plasma generated by the electrode arrangement 58 is in fluid communication with the treatment surface (i.e., skin), where the generated plasma exits through the spacer 7 designed to accommodate a surface/object, Fig. 4) in which odor elements are inactivated (p.2, 1st paragraph of English translation), and
a potential equalizing facility being configured to be contacted by the hand of the user and being spaced apart from the treatment surface (portion of base body 3 labeled with x and Fig. 4’s housing 57, both spaced apart via housing of spacer 7, Fig. 1 and see drawing above, to which the user grips the entire base body 3, which includes the x portion).
The limitation of “for treating a textile object on said outer treatment surface” is directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim has been disclosed by Wunderl and the plasma source/electrode arrangement of Wunderl is capable of generating plasma for a textile object. As such, it is deemed that the claimed apparatus is not differentiated from the applicant' s invention (see MPEP §2114).
NOTE: this is a recitation of intended use / functional language, and so long as the prior art structure reads on the instant claimed structure, this limitation would be met because the same structure would be capable of the same function; in this case, Wunderl’s plasma generated by the electrode arrangement is in fluid communication with the treatment object (i.e., skin). The generated plasma exits through the spacer designed to accommodate a surface/object, thus treating a surface other than the skin is completely feasible (e.g., a textile).
Regarding claim 16, Wunderl teaches wherein said plasma source (electrode 58 is part of plasma source 5, Fig. 5) comprises a circuit board (Fig. 5 is a circuit diagram).
Regarding claim 18, Wunderl teaches wherein said potential equalizing facility (housing 57, Fig. 4) has an annular body (housing 57 is ring-shaped) that surrounds said power electronics (electrode 58, electrical contacting 67, and safety circuit 65 are surrounded by housing 57, Fig. 3 and p.20, 2nd to last paragraph of English translation) and in part forms the outer surface (housing 57 bounds the exterior surface of plasma source 5. Fig. 1).
Regarding claim 19, Wunderl teaches wherein said housing (spacer 7, plasma source 5, and dashed/highlighted portion of base body 3, see drawing above, Fig. 1-5) has an upper part (portion of base body 3, see drawing above) and a lower part (spacer 7, Fig. 1) that delimit an interior space of said housing (Fig. 3) in which said power electronics are accommodated (plasma source containing power electronics, e.g., electrode 58, Fig. 3-4), and wherein said annular body (housing 57, Fig. 3) is arranged between said upper part (portion of base body 3, Fig. 3) and said lower part (spacer 7, Fig. 3).
Regarding claim 20, Wunderl teaches wherein said potential equalizing facility has a layer that is applied to said housing (portion of base body 3 labeled with x, see drawing below, is a separate component to the remainder of base body 3, see Fig. 3, and thus is “applied” onto the dashed portion of base body 3)
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and at least in part forms the outer surface (faces external-facing direction).
Regarding claim 23, Wunderl teaches an actuating element (control element 45, Fig. 3) for selectively activating or deactivating the device (p.9, 4th paragraph of English translation), and wherein said potential equalizing facility (x-portion of base body 3, see drawing above) at least in part forms a surface of said actuating element (groove formed on x-portion surrounding and below control element 45, Fig. 3).
Claim Rejections - 35 USC § 103
8. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
9. Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Wunderl et al. (DE 102018209735 A1) as applied to claim 20 above, and further in view of Fregoso (US 20170238987 A1, cited in prior office action).
Regarding claim 21, Wunderl teaches said layer (x-portion of base body 3, see drawing above), but is silent to the material composition of said layer or the entire base body.
Fregoso teaches a hand-held plasma treatment apparatus for human tissue (treatment device 100, Fig. 1 and [0018]), where the housing encompassing the entire device (101, Fig. 1) can be made of “any appropriate material, such as aluminum, other metal, plastic, etc.” ([0018]).
Wunderl and Fregoso are both considered to be analogous to the claimed invention because they are in the same field of hand-held plasma generating apparatuses for the treatment of body surfaces.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the entire base body (including the x-portion highlighted in drawing above) of Wunderl by incorporating the material to be plastic as taught by Fregoso, because the selection of a known material based on its suitability for its intended use (i.e., encompassing all interior components so that the user can hold the device, [0018]) supports a prima facie obviousness determination (MPEP 2144.07).
With this modification, the plastic being “electrically conductive” is inherent, as all materials have an electrical conductivity value.
Regarding claim 22, Wunderl teaches said layer (x-portion of base body 3, see drawing above), but is silent to the material composition of said layer or the entire base body.
Fregoso teaches a hand-held plasma treatment apparatus for human tissue (treatment device 100, Fig. 1 and [0018]), where the housing encompassing the entire device (101, Fig. 1) can be made of “any appropriate material, such as aluminum, other metal, plastic, etc.” ([0018]).
Wunderl and Fregoso are both considered to be analogous to the claimed invention because they are in the same field of hand-held plasma generating apparatuses for the treatment of body surfaces.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the entire base body (including the x-portion highlighted in drawing above) of Wunderl by incorporating the material to be metal as taught by Fregoso, because the selection of a known material based on its suitability for its intended use (i.e., encompassing all interior components so that the user can hold the device, [0018]) supports a prima facie obviousness determination (MPEP 2144.07).
With this modification, the metal being “electrically conductive” is an intrinsic material property, as all materials have an electrical conductivity value.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aham Lee whose telephone number is (703)756-5622. The examiner can normally be reached Monday to Thursday, 10:00 AM - 8:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris R. Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Aham Lee/Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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