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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yan (US 20230390553 A1).
Regarding claim 1, Yan teaches a method for providing relief in medical conditions, the method comprises: providing a medical device (paragraph 0005 where the entirety of the beauty device and handpiece is a medical device); and applying, externally, through the medical device, over an affected area (paragraph 0086 “The base 1 is configured to contact a skin of a human body”), a combination of bipolar radiofrequency energy (paragraph 0032 “the bipolar detection control terminal controls the bipolar RF generator to output first energy to the bipolar contact electrodes when the bipolar contact electrodes fully contact the skin, where the first energy is greater than the second energy”) and pressure (paragraph 0012 “a massage post arranged on one side of the annular separator plate, connected to the base, and configured to conduct a massage when the negative pressure is sucked and released” where the massage applies pressure).
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.
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.
Claims 2-4, 7-11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Yan (US 20230390553 A1) in view of Black (US 20230172799 A1).
Regarding claim 2, Yan teaches the method of claim 1.
Yan further teaches wherein the medical device comprises a handpiece (Fig. 1 where handle seat 11 is a handpiece) and a probe (Fig. 1, base 1).
Yan is silent wherein the probe comprises a plurality of massage heads, wherein the pressure is applied by the plurality of massage heads.
However, Black teaches a probe with a plurality of massage heads (paragraph 0142 “so that a pressure load applied to the skin and fascia tissue is substantially equally applied by each of the finger members”; Fig. 28D where there is a plurality of fingers that apply pressure).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing
date of the claimed invention to have modified the product of Yan to include a plurality of massage heads that apply pressure. The plurality of heads can increase the contact area of the device on the user’s skin and can provide more uniform treatment application (paragraph 0084 “The panel may also include supports and/or be shaped to ensure uniform contact between the tissue treatment elements and the patient's skin across the face of the panel”).
Regarding claim 3, modified Yan teaches the method of claim 2.
Black further teaches wherein the plurality of massage heads are of an elongated profile (paragraph 0084 “The tissue treatment elements may include a plurality of rigid (e.g., inflexible, stiff, not easily bent, etc.) protrusions (e.g., fingers and/or finger members) that extend axially away from the panel”; Fig. 28D shows the fingers that are elongated away from the probe head).
Regarding claim 4, modified Yan teaches the method of claim 2.
Yan further teaches wherein the medical device further comprises a heating plate (Figs. 2 and 3, heating module 6) surrounded by the plurality of massage heads (paragraph 0070 “the massage post 15 can be preheated by the heating module”; One skilled in the art would reasonably expect that in the modification with Black to combine a plurality of massage heads, the massage heads would still surround the heating module in order to be preheated) wherein the method further comprises: applying, through the heating plate, heat to the affected area (paragraph 0080 “the device can be preheated by the heating module 6 before use, which prevents the cold massage post 15 from directly contacting the skin of the user to cause the discomfort in a cold period such as winter”; paragraph 0081 “the heat generated by the heating module 6 can also be transferred to the bipolar contact electrodes and the microcurrent electrodes 3 through the base 1”; the massage post and contact electrodes, both of which contact the skin, can be heated by the heating module and therefore apply heat to the user’s skin).
Regarding claim 7, modified Yan teaches the method of claim 2.
Black further teaches wherein the medical conditions comprise pain (paragraph 0005 “For example, treatment to a face or scalp uses much less force than body parts with larger surface area and more dense tissue (e.g., muscle). Moreover, if fascia tissue being treated is causing acute pain, then less force and, possibly, less speed of the rotating effector may be used”) and stiffness (paragraph 0117 “Such health-related issue may include pinched nerves, reduced blood circulation, muscle pain due to the inter-structural fascia tissue fibers having reduced flexibility, tearing of the fascia tissue if the fascia tissue fibers are too intertwined, and so on” where reduced flexibility is a sign of stiffness).
Regarding claim 8, Yan teaches a medical device for providing relief in medical conditions, the medical device comprises: a handpiece (Fig. 1 where handle seat 11 is a handpiece); and a probe mounted over the handpiece (Fig. 1, base 1), wherein the medical device is configured to apply, externally, over an affected area (paragraph 0086 “The base 1 is configured to contact a skin of a human body”), a combination of bipolar radiofrequency energy (paragraph 0032 “the bipolar detection control terminal controls the bipolar RF generator to output first energy to the bipolar contact electrodes when the bipolar contact electrodes fully contact the skin, where the first energy is greater than the second energy”) and pressure (paragraph 0012 “a massage post arranged on one side of the annular separator plate, connected to the base, and configured to conduct a massage when the negative pressure is sucked and released” where the massage applies pressure).
Yan is silent wherein the probe comprises a plurality of massage heads.
However, Black teaches a probe with a plurality of massage heads (paragraph 0142 “so that a pressure load applied to the skin and fascia tissue is substantially equally applied by each of the finger members”; Fig. 28D where there is a plurality of fingers that apply pressure).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Yan to include a plurality of massage heads that apply pressure. The plurality of heads can increase the contact area of the device on the user’s skin and can provide more uniform treatment application (paragraph 0084 “The panel may also include supports and/or be shaped to ensure uniform contact between the tissue treatment elements and the patient's skin across the face of the panel”).
Regarding claim 9, modified Yan teaches the device of claim 8.
Black further teaches wherein the pressure is applied by the plurality of massage heads (paragraph 0142 “so that a pressure load applied to the skin and fascia tissue is substantially equally applied by each of the finger members”).
Regarding claim 10, modified Yan teaches the device of claim 9.
Black further teaches wherein the plurality of massage heads are of an elongated profile (paragraph 0084 “The tissue treatment elements may include a plurality of rigid (e.g., inflexible, stiff, not easily bent, etc.) protrusions (e.g., fingers and/or finger members) that extend axially away from the panel”; Fig. 28D shows the fingers that are elongated away from the probe head).
Regarding claim 11, modified Yan teaches the device of claim 9.
Yan further teaches wherein the medical device further comprises: a heating plate Figs. 2 and 3, heating module 6) surrounded by the plurality of massage heads (paragraph 0070 “the massage post 15 can be preheated by the heating module”; One skilled in the art would reasonably expect that in the modification with Black to combine a plurality of massage heads, the massage heads would still surround the heating module in order to be preheated), the heating plate configured to apply heat to the affected area (paragraph 0080 “the device can be preheated by the heating module 6 before use, which prevents the cold massage post 15 from directly contacting the skin of the user to cause the discomfort in a cold period such as winter”; paragraph 0081 “the heat generated by the heating module 6 can also be transferred to the bipolar contact electrodes and the microcurrent electrodes 3 through the base 1”; the massage post and contact electrodes, both of which contact the skin, can be heated by the heating module and therefore apply heat to the user’s skin).
Regarding claim 14, modified Yan teaches the device of claim 9.
Black further teaches wherein the medical conditions comprise pain (paragraph 0005 “For example, treatment to a face or scalp uses much less force than body parts with larger surface area and more dense tissue (e.g., muscle). Moreover, if fascia tissue being treated is causing acute pain, then less force and, possibly, less speed of the rotating effector may be used”) and stiffness (paragraph 0117 “Such health-related issue may include pinched nerves, reduced blood circulation, muscle pain due to the inter-structural fascia tissue fibers having reduced flexibility, tearing of the fascia tissue if the fascia tissue fibers are too intertwined, and so on” where reduced flexibility is a sign of stiffness).
Claims 5-6 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Yan (US 20230390553 A1) in view of Black (US 20230172799 A1) as applied above and in further view of Nichols (US 20190262607 A1).
Regarding claim 5, modified Yan teaches the method of claim 2.
Modified Yan is silent wherein the probe is interchangeably coupled to the handpiece.
However, Nichols teaches an interchangeable probe coupled to the handpiece (paragraph 0025 “FIG. 2 is a partially exploded perspective view of a version of the device 10 of FIG. 1, having a interchangeable head module 14”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing
date of the claimed invention to have modified the product of Yan to include an interchangeable probe. Being able to have a variety of probes to the handpiece allows the device to provide different treatments to the user depending on the selected probe (paragraph 0026 “This functionality is provided by the use of a group of compatible, interchangeable head modules 14—different head modules 14 can be attached to the head portion 22 to provide a variety of different skin treatment technologies to the user”).
Regarding claim 6, modified Yan teaches the method of claim 2.
Modified Yan is silent wherein the medical device further comprises a battery encased within a base unit of the medical device, the handpiece electrically connected to the base unit.
However, Nichols teaches a base unit of the medical device (Fig. 3, charging base 54), the handpiece electrically connected to the base unit (paragraph 0032 “As should be apparent, the charging base 54 connects to a conventional electrical power source to provide power to recharge the batteries contained within the handpiece 12”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Yan to include a base unit electrically connected to the handpiece. The base unit allows the device to recharge and maintain the reusability of the device. The product disclosed by the prior art is identical to the claimed product, even though it is arranged differently. The battery of the prior art is located in the handpiece whereas the claim product has the battery located in the base unit. There is no evidence to show that the claimed arrangement and location of parts imparts any patentable distinction between the claimed product and that of the prior art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 and In re Kuhle, 526 F.2d 553, 188 USPQ 7. See also MPEP § 2144.
Regarding claim 12, modified Yan teaches the device of claim 9.
Modified Yan is silent wherein the probe is interchangeably coupled to the handpiece.
However, Nichols teaches an interchangeable probe coupled to the handpiece (paragraph 0025 “FIG. 2 is a partially exploded perspective view of a version of the device 10 of FIG. 1, having a interchangeable head module 14”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing
date of the claimed invention to have modified the product of Yan to include an interchangeable probe. Being able to have a variety of probes to the handpiece allows the device to provide different treatments to the user depending on the selected probe (paragraph 0026 “This functionality is provided by the use of a group of compatible, interchangeable head modules 14—different head modules 14 can be attached to the head portion 22 to provide a variety of different skin treatment technologies to the user”).
Regarding claim 13, modified Yan teaches the device of claim 9.
Modified Yan is silent wherein the medical device further comprises a battery encased within a base unit of the medical device, the handpiece electrically connected to the base unit.
However, Nichols teaches a base unit of the medical device (Fig. 3, charging base 54), the handpiece electrically connected to the base unit (paragraph 0032 “As should be apparent, the charging base 54 connects to a conventional electrical power source to provide power to recharge the batteries contained within the handpiece 12”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Yan to include a base unit electrically connected to the handpiece. The base unit allows the device to recharge and maintain the reusability of the device. The product disclosed by the prior art is identical to the claimed product, even though it is arranged differently. The battery of the prior art is located in the handpiece whereas the claim product has the battery located in the base unit. There is no evidence to show that the claimed arrangement and location of parts imparts any patentable distinction between the claimed product and that of the prior art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 and In re Kuhle, 526 F.2d 553, 188 USPQ 7. See also MPEP § 2144.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Callow (US 20180078449 A1) teaches a massager with a base electrically connected to the handpiece.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKHIL A JAYAN whose telephone number is (571)272-6099. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at 5712729034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKHIL A JAYAN/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785