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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/16/26 has been entered.
Response to Amendment
Applicant amended claims 2 and 9. Claims 2-5 and 7-13 are currently pending.
Response to Arguments
Applicant’s arguments, see pages 5-6 of Applicant’s Remarks, filed 03/16/26, with respect to the rejections of claims 2, 7, 9-10, and 12 under 35 U.S.C. 102(a)(1) as being anticipated by Ignon 2003, of claims 3, 8, and 13 under 35 U.S.C. 103 as being unpatentable over Ignon 2003 in view of Dornbusch, of claims 4-5 as unpatentable over Ignon 2003 in view of Ignon 2007, and of claim 11 as unpatentable over Ignon 2003 in view of Chung have been fully considered and are persuasive in light of the amendments to the claims. Therefore, the rejections have been withdrawn. However, upon further consideration, new grounds of rejection have been made as indicated below.
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.
Claims 2, 7, 9-10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ignon et al. (US 2003/0208159 A1) (hereinafter referred to as Ignon 2003).
Regarding claim 2, Ignon 2003 discloses a skin treatment assembly (Figs. 15-17, feat. 320; ¶0067) comprising: a combination handpiece/tip (320, 370, 372; ¶0067) comprising: a tip (372) comprising: a suction port configured to be placed in fluid communication with a vacuum source (164c); and a cartridge comprising a first treatment material (139c) and a rollerball in fluid communication with the first treatment material (Fig. 9, feat. 153-1; ¶0064 and 0067: cartridge 153c may have the rollerball applicator of Fig. 9); wherein a distal portion of the cartridge and the rollerball are configured to extend through at least a portion of the combination handpiece/tip when the cartridge is secured to the combination handpiece/tip (Fig. 9, feat. 153-1; Fig. 16, feat. 153c; ¶0064 and 0067); wherein a proximal portion of the cartridge forms an exterior portion of the assembly when the cartridge is secured to the combination handpiece/tip such that the proximal portion of the cartridge is configured to be handled by a user during use (Figs. 15-16, feat. 139c and 374; ¶0067: handpiece/tip 320 has a lateral window 374 through which a proximal portion of the cartridge 139c is exposed and is capable of being handed by a user during use); wherein the first treatment material is configured to be delivered to the skin surface during use of the assembly by rotation of the rollerball (¶0064 and 0067).
Ignon 2003 additionally teaches an alternate embodiment of a skin treatment assembly (Figs. 19-23, feat. 520; ¶0070-0071) comprising a combination handpiece (Fig. 19, feat. 522)/tip (528) in which the tip further comprises suctions ports (Fig. 20, feat. 576) and one or more abrasive features, components and/or portions to help abrade or exfoliate skin as the assembly is moved relative to a skin surface (Fig. 20, feat. 593; ¶0083-0084). The alternate embodiment further includes a rollerball cartridge (Figs. 19 and 21-22, feat. 139d; ¶0070-0071) which secures to the handpiece/tip such that the rollerball extends to or near the one or more abrasive features during use (Fig. 20, feats. 153c and 593; ¶0075 and 0083-0089). The suction ports (576) are positioned to collect dead or abraded skin cells and spent treatment fluid during use (¶0085). Ignon teaches that configuring the tip to both apply fluid using the rollerball applicator of the cartridge and to abrade the skin using the abrasive features advantageously improves penetration of the fluid into the skin (¶0083-0085). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the assembly taught by the embodiment of Figures 15-17 of Ignon 2003 so that the tip comprises one or more abrasive features, components and/or portions to help abrade or exfoliate skin as the assembly is moved relative to a skin surface, so that the rollerball extends to or near the one or more abrasive features during use, and so that the suction port is configured to be in fluid communication with spent treatment material during use of the assembly in order to improve penetration of the treatment material into the skin as taught by Ignon 2003 with respect to the embodiment of Figures 19-23.
Regarding claim 7, Ignon 2003 suggests the assembly of claim 2, and further discloses that the tip comprises a peripheral lip, wherein the peripheral lip is sized, shaped and configured to contact a subject’s skin tissue and generally form a seal along said skin tissue (Fig. 15, feat. 378; ¶0067).
Regarding claim 9, Ignon 2003 discloses a skin treatment assembly (Figs. 15-17, feat. 320; ¶0067) comprising: a tip (372) comprising: a suction port configured to be placed in fluid communication with a vacuum source (164c); a cartridge comprising a treatment material (139c) and configured to secure to the tip (¶0067); and a rollerball in fluid communication with the treatment material when the cartridge is secured to the tip (Fig. 9, feat. 153-1; ¶0064 and 0067: cartridge 153c may have the rollerball applicator of Fig. 9); wherein a distal portion of the cartridge extends through an interior of the tip when the cartridge is secured to the tip (Fig. 9, feat. 153-1; Fig. 16, feat. 153c; ¶0064 and 0067); wherein a proximal portion of the cartridge forms an exterior portion of the assembly when the cartridge is secured to the tip such that the proximal portion of the cartridge is configured to be handled by a user during use (Figs. 15-16, feat. 139c and 374; ¶0067: handpiece/tip 320 has a lateral window 374 through which a proximal portion of the cartridge 139c is exposed and is capable of being handed by a user during use).
Ignon 2003 additionally teaches an alternate embodiment of a skin treatment assembly (Figs. 19-23, feat. 520; ¶0070-0071) comprising a combination handpiece (Fig. 19, feat. 522)/tip (528) in which the tip further comprises suctions ports (Fig. 20, feat. 576) and one or more abrasive features, components and/or portions to help abrade or exfoliate skin as the assembly is moved relative to a skin surface (Fig. 20, feat. 593; ¶0083-0084). The alternate embodiment further includes a rollerball cartridge (Figs. 19 and 21-22, feat. 139d; ¶0070-0071) which secures to the handpiece/tip such that the rollerball extends to or near the one or more abrasive features during use (Fig. 20, feats. 153c and 593; ¶0075 and 0083-0089). The suction ports (576) are positioned to collect dead or abraded skin cells and spent treatment fluid during use (¶0085) and facilitate the delivery of the fluid to the skin when the vacuum source is activated (¶0077-0081). Ignon teaches that configuring the tip to both apply fluid using the rollerball applicator of the cartridge and to abrade the skin using the abrasive features advantageously improves penetration of the fluid into the skin (¶0083-0085). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the assembly taught by the embodiment of Figures 15-17 of Ignon 2003 so that the tip comprises one or more abrasive features, components and/or portions to help abrade or exfoliate skin as the assembly is moved relative to a skin surface, so that the rollerball extends to the one or more abrasive features, so that a delivery of the treatment material to the skin surface is facilitated by an application of vacuum to the suction port when the vacuum source is activated, and so that the suction port is configured to be in fluid communication with spent treatment material during use in order to improve penetration of the treatment material into the skin as taught by Ignon 2003 with respect to the embodiment of Figures 19-23.
Regarding claim 10, Ignon 2003 suggests the assembly of claim 9, and further discloses that the rollerball (Fig. 9, feat. 153-1; Fig. 16, feat. 153c; ¶0064 and 0067) is secured to a distal end of the cartridge (Fig. 9, feat. 139; Fig. 16, feat. 139c).
Regarding claim 12, Ignon 2003 suggests the assembly of claim 9, and further discloses that the tip comprises a peripheral lip, wherein the peripheral lip is sized, shaped and configured to contact a subject’s skin tissue and generally form a seal along said skin tissue (Fig. 15, feat. 378; ¶0067).
Claims 3, 8, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Ignon 2003 in view of Dornbusch et al. (US 5,553,957 A).
Regarding claim 3, Ignon 2003 suggests the assembly of claim 2, but does not disclose that the combination handpiece/tip and the cartridge are permanently secured to one another to form a unitary structure.
Dornbusch teaches a roll-on fluid applicator device (Figs. 1-4, feat. 10; Col. 3, lines 22-26) comprising a container (30) which is handled in use (Col. 3, lines 35-45), and is therefore a handpiece, a tip secured to the handpiece (50; Col. 4, lines 3-20), and a rollerball applicator secured in the tip (40; Col. 3, line 56 – Col. 4, line 2). Dornbusch teaches that the components of the device may be non-removably bonded to each other in order to prevent the fluid from being refilled (Col. 3, lines 46-55). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the assembly suggested by Ignon 2003 so that the combination handpiece/tip and the cartridge are permanently secured to one another to form a unitary structure in order to prevent the treatment material from being refilled as taught by Dornbusch.
Regarding claim 8, Ignon 2003 suggests the assembly of claim 2, but does not disclose that the cartridge further comprises a plurality of baffles configured to facilitate transfer of the first treatment material to the rollerball.
Dornbusch teaches a roll-on fluid applicator device (Figs. 1-4, feat. 10; Col. 3, lines 22-26) comprising a container (30) which is handled in use (Col. 3, lines 35-45), and is therefore a handpiece, a tip secured to the handpiece (50; Col. 4, lines 3-20), and a rollerball applicator secured in the tip (40; Col. 3, line 56 – Col. 4, line 2). Dornbusch teaches that the tip comprises an inner skirt (Fig. 3, feat. 55) comprising a plurality of lands (58) and grooves (59) which helps to meter the fluid applied by the device and ensure the desired fluid flow from the device (Col. 5, lines 5-21). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the assembly suggested by Ignon 2003 so that the cartridge further comprises a plurality of baffles configured to facilitate transfer of the first treatment material to the rollerball in order to help meter the treatment material applied by the device and ensure the desired fluid flow from the assembly as taught by Dornbusch.
Regarding claim 13, Ignon 2003 suggests the assembly of claim 9, but does not disclose that the cartridge further comprises a plurality of baffles configured to facilitate transfer of the first treatment material to the rollerball.
Dornbusch teaches a roll-on fluid applicator device (Figs. 1-4, feat. 10; Col. 3, lines 22-26) comprising a container (30) which is handled in use (Col. 3, lines 35-45), and is therefore a handpiece, a tip secured to the handpiece (50; Col. 4, lines 3-20), and a rollerball applicator secured in the tip (40; Col. 3, line 56 – Col. 4, line 2). Dornbusch teaches that the tip comprises an inner skirt (Fig. 3, feat. 55) comprising a plurality of lands (58) and grooves (59) which helps to meter the fluid applied by the device and ensure the desired fluid flow from the device (Col. 5, lines 5-21). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the assembly suggested by Ignon 2003 so that the cartridge further comprises a plurality of baffles configured to facilitate transfer of the first treatment material to the rollerball in order to help meter the treatment material applied by the device and ensure the desired fluid flow from the assembly as taught by Dornbusch.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Ignon 2003 in view of Ignon et al. (US 2007/0156124 A1) (hereinafter referred to as Ignon 2007).
Regarding claim 4, Ignon 2003 suggests the assembly of claim 2, but does not disclose that the first treatment material is configured to assist with at least one of the following: acne, skin lightening, skin tightening, anti-aging, an oily skin, lip repair and lip plumping.
Ignon 2007 teaches a skin treatment handpiece assembly (Figs. 2A-3, feat. 18; ¶0066) with an abrasive tip for abrading the skin (Figs. 5A-5D, feats. 34 and 124; ¶0074 and 0093-0096: tip 34 has abrasive members 124) and a fluid supply port for delivering treatment material fluids to the skin through the tip (Figs. 2A and 3, feat. 46; ¶0078-0079). Ignon 2007 teaches that the handpiece assembly may be used to apply treatment fluids to the skin to treat acne or lighten the skin, among other treatments, in order to improve the overall health and appearance of the skin (¶0129). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the assembly suggested by Ignon 2003 so that the first treatment material is configured to assist with at least one of the following: acne, skin lightening, skin tightening, anti-aging, an oily skin, lip repair and lip plumping in order to improve the overall health and appearance of the skin as taught by Ignon 2007.
Regarding claim 5, Ignon 2003 suggests the assembly of claim 2, but does not disclose a second treatment material positioned on or near the combination handpiece/tip, the second treatment material configured to at least partially dissolve or release in the presence of water or other diluting agent.
As discussed above, Ignon 2007 teaches a skin treatment handpiece assembly (Figs. 2A-3, feat. 18; ¶0066) with an abrasive tip for abrading the skin (Figs. 5A-5D, feats. 34 and 124; ¶0074 and 0093-0096: tip 34 has abrasive members 124) and a fluid supply port for delivering treatment material fluids, corresponding to the claimed first treatment material, to the skin through the tip (Figs. 2A and 3, feat. 46; ¶0078-0079). The first treatment material is stored in a container (Fig. 1, feat. 26; ¶0066) and is applied to the skin through the tip via a lumen in the handpiece (Fig. 3, feat. 92; ¶0085), a tip connector (Figs. 3, 5A-5D, and 10A-10E, feat. 98; ¶0082 and 0085), and a central through hole near the skin of the subject (122). Ignon 2007 further teaches that the tip may have treatment materials, corresponding to the claimed second treatment material, positioned on or near it, or otherwise associated with it, by being impregnated in an absorbent pad at the tip (Figs. 10A-10E, feat. 128; ¶0108-0109) or by being impregnated in the tip itself such that a fluid, such as water, used in a skin treatment procedure facilitates the release of the treatment material and the application of it to the skin (¶0116). Ignon 2007 teaches that the first treatment material applied from the container may be a skin rejuvenation serum, a salicylic acid serum, an antioxidant serum, or other agents known to be beneficial to skin healing and hydration (¶0127) while the second treatment material positioned on or near the tip may be antibiotics, substances for accelerating wound healing, cell proliferation agents, and the like for improving the healing of the skin and reducing the likelihood of infection (¶0116). Therefore, Ignon 2007 teaches that including a second treatment material positioned on or near the tip allows for the simultaneous application of multiple treatment materials, which allows the skin treatment handpiece assembly to massage, abrade, or otherwise treat the skin while also applying another treatment material (¶0068). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the assembly suggested by Ignon 2003 so that it further comprises a second treatment material positioned on or near the combination handpiece/tip, the second treatment material configured to at least partially dissolve or release in the presence of water or other diluting agent as taught by Ignon 2007so that multiple treatment materials may be simultaneously applied to the skin.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ignon 2003 in view of Chung (US 7,276,072 B2).
Regarding claim 11, Ignon 2003 suggests the assembly of claim 9, but does not disclose that the rollerball is secured to the tip.
Chung teaches a skin treatment system (Fig. 1, feat. 10; Col. 2, line 59 – Col. 3, line 12) comprising a skin treatment handpiece (Figs. 1-3, feat. 34; Col. 3, lines 13-67) comprising an abrasive tip (Figs. 2-3 and 7-8, feat. 36) with a flat annular portion that contacts the skin of the user (60; Col. 3, lines 40-50 and Col. 4, lines 49-58). The abrasive tip is detachable for ease of cleaning and replacement (Col. 3, lines 27-50) may comprise a roller for pressing against the skin of the user (Fig. 8, feat. 76; Col. 4, lines 52-58). While Ignon 2003 discloses a disposable cartridge comprising a rollerball applicator, Ignon 2003 also discloses that the cartridge may have other types of tips (Figs. 9-11, feats. 153-1 – 153-3; ¶0063-0064 and 0075). Disposing the rollerball on the tip as taught by Chung would advantageously enable the rollerball to be cleaned as taught by Chung. Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the assembly suggested by Ignon 2003 so that the rollerball is secured to the tip to enable the rollerball to be cleaned as taught by Chung.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARJUNA P CHATRATHI whose telephone number is (571)272-8063. The examiner can normally be reached M-F 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at 5712727159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ARJUNA P CHATRATHI/Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781
Prosecution Insights