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 .
Information Disclosure Statement
The information disclosure statement (IDS) filed November 7, 2023 has been entered and the references cited therein have been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “insulating member” in claim 3 and the “first and second sides” in claims 4 and 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are also objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 120l appears in Figures 1 and 2 and 225 appears in Figures 4 and 5.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification filed on April 29, 2024 is objected to as it appears to be in a format designed for foreign filings by utilizing headers that do not correspond to U.S. practice (such as “Technical Solution.” The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
The disclosure is also objected to because of the following informalities: Paragraph 32 is empty (no descriptive text follows paragraph 32).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitations "first side", “second side” and “body of the handpiece plug.” There is insufficient antecedent basis for these limitations in the claim or in claims 1 and 2, from which claim 4 depends. Similarly, claim 5 recites the limitations “first side” and “second side.” There is insufficient antecedent basis for these limitations in the claim or in claims 1, 2 and 4, from which claim 5 depends.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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 the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ben-Haim et al. (PCT Publication WO 2013/019796) in view of Hosaku et al. (JP 2016087360).
In regard to claims 1 and 7, Ben-Haim et al. teach an energy delivery system 110 that delivers microwave energy to the skin of a patient to treat a condition of the skin (microwave frequencies are a subset of RF energy frequencies; see para. 00060). An applicator 114 is connected to a console 112 via a multifunction connector 136 (integrated handpiece plug) and cable assembly 134 (see Fig. 1). Figure 1 shows that, as broadly as claimed, the portion of console 112 that connects to connector 136 is installed in a depression part provide on a surface of the console 112. In other words, the corresponding structure on console 112 that connects to connector 136 would reside in a depression or cutout part on the surface of the console 112. Connector 136 includes a cooling fluid connector 224 for connecting to a cooling fluid source (which encompasses the use of gaseous refrigerant – see para. 00062), microwave connector 220 for connection to the console 112 and electric connectors 222 for connecting to the console 112 (see Fig. 4 and para. 00065). Figure 4 shows that the fluid connector 224, microwave connector 220 and electric connectors 222 are integrally formed. Ben-Haim et al. are silent as to a coupling part between the console 112 and the connector 136. However, Hosaku et al. teach a similar connector device 60 that includes a socket 70 and a paddle connector 100 that can be attached to and detached from the socket 70 (see Figs. 3 and 4). The paddle connector 110 is an insulator body that includes a connector main body 110 that is inserted into and fitted into the insertion recess 73 (guide groove) of the socket body 72 and the outer periphery of the connector main body 110 has a cylindrical rotation lock body 150 rotatably mounted on it (see Figs. 3-6). Thus, the insertion recess 73 and the connector main body 110 thus constitute corresponding coupling parts. Hosaku et al. thus demonstrate that corresponding coupling parts for a connector and the socket on a console are well known in the art for the purpose of securely connecting the two parts and provide the necessary functions (transfer of coolant, power and control signal) to the handpiece. Accordingly, it would have been obvious for one of ordinary skill in the art at the effective filing date of the invention to provide the device of Ben-Haim et al. with the corresponding coupling parts taught by Hosaku et al. in order to securely connect the two parts and provide the necessary functions (transfer of coolant, power and control signal) to the handpiece. In regard to claim 2, Figure 4 of Ben-Haim et al. shows that the microwave connector 220 and the electric connectors 222 are spaced apart from each other in left and right directions. In regard to claim 6, Figure 4 of Ben-Haim et al. shows that cooling fluid connector 224 is at a position spaced apart in a vertical direction from the microwave connector 220 and the electric connectors 222 so that, as broadly as claimed, the connector 136 has an asymmetrical shape in the vertical direction. In regard to claim 3, Hosaku et al. teach that the connector main body 110 which separates first terminals 130 and second terminals 140 is an insulator body (see the above rejection for claim 1). It would have been obvious for one of ordinary skill in the art at the effective filing date of the invention to position an insulating member between the microwave connector 220 and the electric connectors 222 of Ben-Haim et al. in order to electrically separate the microwave connector 220 and the electric connectors 222.
Allowable Subject Matter
Claims 4 and 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record (Ben-Haim et al. and Hosaku et al.) do not teach a coupling part that has a first side and a second side where different numbers of coupling parts are provided on the first side and the second side, respectively (see claims 4 and 5 of the instant invention). As noted above, Ben-Haim et al. does not teach any specific coupling part and Hosaku et al. teaches a singular connector main body 110 that is not defined as having a first side and a second side or a plurality or number of coupling parts. Similarly, Kim et al. (PCT Publication No. 2010/047818) teaches a coupling mechanism (between parts 36 and 38) that is an external rotating collar and corresponding threads (see Fig. 16B).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEVERLY MEINDL FLANAGAN whose telephone number is (571)272-4766. The examiner can normally be reached Mon-Fri 7:30AM to 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Linda Dvorak can be reached at 571-272-4764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BEVERLY M FLANAGAN/Primary Examiner, Art Unit 3794