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 .
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/31/25 has been entered.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “unit”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1 and 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (KR 10-2021-0019892 (provided in the IDS)), in view of JTS Industry (KR 10-2094194 (provided in the IDS)), further in view of El-Sherif et al. (US 2023/0013440) and Ignon et al. (US 11,865,287).
Addressing claim 1, Lee discloses a skin care device for both ultrasound delivery and drug application, the skin care device comprising:
a cartridge including a head part in contact with a target part of a skin and a drug discharge portion formed in the head part (see abstract and Figs. 1-3, cartridge 220 with the head part in contact with the skin to inject drug);
an output unit provided in the head part and configured to output electrical energy including at least one of ultrasound, laser, light, a low-frequency microwave, a mid-frequency microwave, and a high-frequency microwave toward the target part (see abstract, claim 7 and Figs. 1-4; elements 220/240 provide plasma or ultrasound; element 223 piezoelectric element for ultrasound; output unit inside cartridge 220 (see Fig. 3));
a handpiece detachably coupled to the cartridge (see Figs. 1-2; element 200/201);
a container loading unit embedded in the handpiece and detachably coupled to the head part (see Figs. 2, the front and smaller end of the handpiece 201 is the container loading unit);
a drug solution container which is loaded on the container loading unit and in which a drug solution is stored (see Fig. 2; element 230);
wherein the cartridge includes the drug discharge portion in the head part and through which the drug solution discharged from the drug discharge portion to the target part flows (see Figs. 1-2, the front of 220 has a drug discharge hole and drug could flows);
Lee does not explicitly disclose a needle part provided in the container loading unit to communicate with the container loading unit and the drug discharge portion and configured to break a stopper of the drug solution container loaded on the container loading unit to apply the drug solution stored in the drug solution container to the target part and the container loading unit has a shape of which a rear end is open, a tip is closed, and a diameter decreases from the rear end to the tip; a container packing provided in the drug solution container to reciprocate; a plunger configured to push the container packing in a direction approaching the needle part to discharge the drug solution stored in the drug solution container to the drug discharge portion and wherein the cartridge has a cylindrical shape of which a diameter decreases in a direction approaching the head part, the head part has a circular shape. JTS Industry discloses a needle part provided in the container loading unit to communicate with the container loading unit and the drug discharge portion and configured to break a stopper of the drug solution container loaded on the container loading unit to apply the drug solution stored in the drug solution container to the target part and the container loading unit has a shape of which a rear end is open, a tip is closed, and a diameter decreases from the rear end to the tip; a container packing provided in the drug solution container to reciprocate; a plunger configured to push the container packing in a direction approaching the needle part to discharge the drug solution stored in the drug solution container to the drug discharge portion and wherein the cartridge has a cylindrical shape of which a diameter decreases in a direction approaching the head part, the head part has a circular shape (see abstract, claim 1; Figs. 1 and 8-9 needle 400, drug solution container 300, stoper 310; pusher part 210 to push liquid/drug through stopper 310, container loading unit 104; front stopper 310 and back stopper 320; 320 is the container packing provided in the drug solution container to reciprocate; drug solution container 300; 210 is the plunger to push the container packing in a direction approaching the needle part to discharge the drug solution stored in the drug solution container to the drug discharge portion; Fig. 1 disclose cylindrical cartridge with a diameter decreases in a direction approaching the head part, the head part has a circular shape; 104-106 has decreasing diameter and circular shape). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to have a needle part provided in the container loading unit to communicate with the container loading unit and the drug discharge portion and configured to break a stopper of the drug solution container loaded on the container loading unit to apply the drug solution stored in the drug solution container to the target part; a container packing provided in the drug solution container to reciprocate; a plunger configured to push the container packing in a direction approaching the needle part to discharge the drug solution stored in the drug solution container to the drug discharge portion and wherein the cartridge has a cylindrical shape of which a diameter decreases in a direction approaching the head part, the head part has a circular shape as taught by JTS Industry because using needle to inject drug is a designer choice that is well-known to be effective, reliable and low cost.
Lee also does not explicitly disclose wherein the cartridge includes a plurality of drug flow portions which are recessed channels radially extending outward from the drug discharge portion in the head part toward an outer edge of the head part, and through which the drug solution discharged from the drug discharge portion to the target part flows radially. El-Sherif discloses wherein the cartridge/device includes a plurality of drug flow portions which are recessed channels radially extending outward from the drug discharge portion in the head part toward an outer edge of the head part, and through which the drug solution discharged from the drug discharge portion to the target part flows radially (see Figs. 7, 9, 16, 18, 2, [0072] and [0074]; drug discharge portion 626, 652, 657, a plurality of drug flow portions which are recessed channels radially extending outward from the drug discharge portion in the head part toward an outer edge of the head part, and through which the drug solution discharged from the drug discharge portion to the target part flows radially 625, 656, 651, the channels 625, 656, 651 are recessed as see in Fig. 9 and radially extending outward from the drug discharge portion 626, 652, 657; "Radially" means in a way that relates to or resembles a radius, extending outward from a central point like spokes on a wheel; the central point are 626, 652, 657; 625, 656, 651 extend outward from central point on both sides). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to have the cartridge/device includes a plurality of drug flow portions which are recessed channels radially extending outward from the drug discharge portion in the head part toward an outer edge of the head part, and through which the drug solution discharged from the drug discharge portion to the target part flows radially as taught by El-Sherif because this designed facilitate uniform distribution of the skincare serum (drug) during the treatment (see [0072]).
Lee also does not disclose the drug discharge portion is formed through a central axis of the head part and the cartridge, and the plurality of drug flow portions intersect each other at the drug discharge portion. Ignon discloses the drug discharge portion is formed through a central axis of the head part and the cartridge, and the plurality of drug flow portions intersect each other at the drug discharge portion (see Figs. 4 and 10E; device 18 with the tip cartridge 34; 229 is the plurality of drug flow portions intersect each other at the drug discharge portion; 122 is the drug discharge portion/through hole; the tip cartridge is also cylindrical shape with decreasing diameter). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to have the drug discharge portion is formed through a central axis of the head part and the cartridge, and the plurality of drug flow portions intersect each other at the drug discharge portion as taught by Ignon because this is a designer choice that only require routine skill in the art to provide maximum treatment flexibility (see col. 9, lines 24-29; Ignon discloses a variety of treatment tip that is suitable for each treatment).
Addressing claim 3, JTS Industry discloses:
addressing claim 3, a driving unit provided in the handpiece and configured to move the plunger in a direction approaching or away from the needle part (see claim 1, the step motor 200).
Addressing claim 4, Lee discloses:
wherein the output unit has an annular shape and is disposed around the drug discharge portion (see Figs. 3-4; elements 223 piezoelectric; 222 plasma electrode; 245 ultrasonic oscillator; these are annular output units disposed around the drug discharge portion/hole).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3-4 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2019/0046479; US 2018/0280675; US 2011/0137281; US 2011/0040235; US 2010/0298760 and US 2009/0043248.
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3793