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
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 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.
Claim(s) 1-5, 10-11, 14 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Nishimura (JP 2008113921).
Nishimura teaches a cleansing machine used for cleansing a user’s skin surface, comprising: a cleansing machine body (100); a vibration application mechanism (3) including a vibration body (31a, 31b) configured to apply vibration to the skin surface when the vibration body is in contact with the skin surface; and a supply mechanism (4) including a supply port (33a) from which a liquid or gel cleansing agent is supplied to the skin surface.
With regards to claim 2, a suction mechanism (6) including a suction port (31a) into which the cleansing agent supplied to the skin surface is sucked.
With regards to claim 3, a seal member (32) configured to form a closed space with the skin surface when the seal member is in contact with the skin surface, the closed space communicating with the supply port and the suction port.
With regards to claim 4, the vibration body is cup-shaped and disposed on an inner side of the seal member (31b is located inside the seal member).
With regards to claim 5, the supply port and the suction port are disposed at a center part of the cup-shaped vibration body (the suction and supply ports are located within the center of 31a).
With regards to claim 10, a plurality of the seal members of different types (“silicon rubber or the like” suggests a plurality of seal members), the cleansing machine being configured to be used in a state where one selected from the plurality of the seal members is attached to the vibration body.
With regards to claim 11, the cleansing machine body further has a cleansing agent compartment (1) configured to accommodate the cleansing agent, the suction mechanism further includes: a suction channel (6) connected to the suction port; and a pump (8) configured to reduce a pressure in the suction channel, the supply mechanism further includes a supply channel (4) communicating with the supply port and the cleansing agent compartment, and the cleansing machine is configured to supply the cleansing agent from the supply mechanism to the skin surface by activating the pump in a state where the seal member is in contact with the skin surface.
With regards to claim 14, the cleansing agent contains a cleansing water (hot water in tank 1) or a peeling agent.
Claim(s) 1-7, 11, 14 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Fujituska (JP 2006346415).
Fujituska teaches a cleansing machine used for cleansing a user’s skin surface, comprising: a cleansing machine body (300); a vibration application mechanism (111) including a vibration body (300) configured to apply vibration to the skin surface when the vibration body is in contact with the skin surface; and a supply mechanism (330) including a supply port (320) from which a liquid or gel cleansing agent is supplied to the skin surface.
With regards to claim 2, a suction mechanism (355) including a suction port (340) into which the cleansing agent supplied to the skin surface is sucked.
With regards to claim 3, a seal member (edge between 300 and 400) configured to form a closed space with the skin surface when the seal member is in contact with the skin surface, the closed space communicating with the supply port and the suction port.
With regards to claim 4, the vibration body is cup-shaped and disposed on an inner side of the seal member (the body has both an inner side and an outer side; the inner side of the body can be considered on the inner side of the seal member).
With regards to claim 5, the supply port and the suction port are disposed at a center part of the cup-shaped vibration body (the suction and supply ports are located within the center of 300).
With regards to claim 6, the vibration body has a cylindrical protrusion (120a, b and 341) where the supply port and the suction port are disposed, and the seal member is disposed on an outer side of the protrusion (figure 3).
With regards to claim 7, the vibration body is annular and disposed on an outer side of the seal member (outer side of the body is located on an outer side of the seal member).
With regards to claim 11, the cleansing machine body further has a cleansing agent compartment (380) configured to accommodate the cleansing agent, the suction mechanism further includes: a suction channel (355) connected to the suction port; and a pump (355) configured to reduce a pressure in the suction channel, the supply mechanism further includes a supply channel (330) communicating with the supply port and the cleansing agent compartment, and the cleansing machine is configured to supply the cleansing agent from the supply mechanism to the skin surface by activating the pump in a state where the seal member is in contact with the skin surface.
With regards to claim 14, the cleansing agent contains a cleansing water (cleaning liquid) or a peeling agent.
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.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujituska (JP 2006346415) in view of KR 101501945.
Fujituska teaches all the essential elements of the claimed invention however fails to teach that the vibration body has a plurality of slits arranged along a circumferential direction of the vibration body and that the plurality of slits are arranged at a substantially equal interval along the circumferential direction of the vibration body.
KR ‘945 teaches a skin care apparatus with a body having a plurality of slits (2431, 2432) that are spaced at equal intervals along the circumferential direction. 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 body of Fujituska so that it comprises equally spaced slits as taught by ‘945 to assist in discharging fluid via the suction mechanism. The slits will help to collect fluid that has escaped from the body outside the body.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura (JP 2008113921) or Fujituska (JP 2006346415) both in view of Fang (CN 211750946).
Nishimura or Fujituska teach all the essential elements of the claimed invention including that the supply port is on the vibration body however the references fail to teach that the vibration body is blade-shaped. Fang teaches a cosmetic tool comprising a blade shaped body (figure 7, element 32). 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 vibration body of Nishimura and Fujituska so that it comprises a blade as taught by Fang to allow for different treatments to be performed on a user’s skin.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura (JP 2008113921) or Fujituska (JP 2006346415) both in view of Miller (PGPub 20200405047).
Nishimura or Fujituska teach all the essential elements of the claimed invention however the references fail to teach a charge mechanism configured to charge the vibration body with a positive charge or a negative charge.
Miller teaches a facial device comprising a charging device (paragraph 0018) for positively charging the vibration body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nishimura or Fujituska so that it comprises a charging means as taught by Miller to allow the device to be recharged after each use.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAY LYNN KARLS whose telephone number is (571)272-1268. The examiner can normally be reached M-Th (6am-5pm).
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/SHAY KARLS/Primary Examiner, Art Unit 3723
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