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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (claims 1-3) in the reply filed on 5/28/2026 is acknowledged.
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) 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Ko (US 2022/0072299 A1) in view of Altschuler et al. (US 2004/0073079 A1).
Regarding claim 1, Ko discloses a radio frequency output apparatus (radio frequency (RF) treatment device 1, Paragraph 0030, Figure 1 and Abstract)) capable of vibrating (device may include a pressure generator comprising both positive and negative pressure generators, therefore capable of applying vibrational forces, Paragraphs 0033-0034 and Figure 4), the apparatus comprising: a main body for overall operation control (treatment device 1 includes main body 100 for overall device control, Figure 1 and Paragraph 0039); a handpiece connected to the main body and operated by receiving power from the main body (handpiece 200 receives control and power signals from main body 100, Paragraph 0039); and a tip attached to a side of the handpiece and in close contact with a user's skin (a tip 203 attached to end of handpiece and comes into contact with the user’s skin, Paragraph 0051 and Figure 2), wherein the main body comprises: a first power part coupled to the inside of the main body (main body 100 comprises a power supply, Paragraph 0036), where power is turned on, and supplying power required for operation of the main body (power supply of main body 100 may be turned on via a switch 101, Paragraph 0036 and Figure 1); a first control part coupled to the inside of the main body (main body 100 comprises a control unit 140 configured to control various components of the body 100 and handpiece 200, Paragraph 0069 and Figure 4), operating by receiving power from the first power part (Paragraph 0036), and performing operation control for the main body (control unit 140 configured to control various components of the body 100 and handpiece 200, Paragraph 0069 and Figure 4); a first display part coupled to a side of an upper end of the main body and providing a user interface (main body 100 comprises a display unit 102 coupled to the upper end of the main body 100 to therefore provide a user interface, Paragraph 0036 and Figure 1); a storage part attached to the first control part inside the main body and containing data required for the operation control of the first control part (a memory unit 130 is attached to the main body 100 and stores data for operation control of the control unit 140, Paragraph 0073 and Figure 4); an energy generation part attached to the inside of the main body (an RF generator 111 may be provided in the body 100, RF generator 111 generates RF energy used for treatment, Paragraph 0031 and Figure 4), operating by receiving power from the first power part, and generating energy (see Figure 4 showing the block diagram for the main control system of the RF treatment device); and the handpiece comprises: a second power part coupled to an upper inner surface of the handpiece and enabling an operation of the handpiece (the handpiece 200 comprises a handpiece operating portion 230 configured to control the on/off of the handpiece 200, Paragraph 0044 and Figure 2) by receiving power from the first power part of the main body through wires (the first connector/wire 300a may transmit power or a control signal to the handpiece 200 from the main body 100, Paragraph 0039 and Figure 1) ;a second control part fixed to an inner surface of the handpiece (the handpiece operation portion 230 may also be configured to controlling the intensity of the treatment supplied by the handpiece 200, Paragraph 0044), a part of which protrudes in a shape of a plurality of buttons on an outer surface of the handpiece (see handpiece operating portion 230 formed as a plurality of buttons on the outer surface of the handpiece, Figure 2), operating by receiving power from the second power part (Paragraph 0044 and Figure 4), and communicatively connected to the first control part of the main body (the first connector/wire 300a may transmit power or a control signal to the handpiece 200 from the main body 100, Paragraph 0039 and Figure 1), wherein the main body or the handpiece is directly controllable by the second control part (the handpiece operation portion 230 may also be configured to controlling the intensity of the treatment supplied by the handpiece 200, Paragraph 0044); a second display part coupled to the inner surface of the handpiece (handpiece display portion 220, Paragraph 0044 and Figure 1), a part of which is exposed to the outer surface of the handpiece (display portion 220, Figure 1), operating by receiving power from the second power part (Figure 4), and providing a user interface related to an operation of the second control part (display portion 220 may display various pieces of information required in a setting mode or during treatment, Paragraph 0044 and Figure 1); an energy delivery part that receives the energy generated from the energy generation part of the main body and transfers the received energy to the tip (the microneedles 230 of the tip 203 may be electrically connected to the RF circuit in the handpiece to transfer the RF energy through the microneedles 320 into the user’s tissue, Paragraph 0049 and Figure 3); and a casing that protects internal components of the handpiece from external shocks (outer handpiece body 202 protects internal components of handpiece 200, Paragraph 0044 and Figure 2), and the tip comprises: a housing that protects internal components of the tip from external shocks (tip includes an outer housing 204, Figure 2) and includes a coupling device coupled to the handpiece (tip includes an insertion portion 250 for detachable connection to the handpiece 200, Paragraph 0047 and Figure 2); an electrode part coupled to the inside of the housing (the front end of each microneedle 320 serves as an electrode configured to transfer RF energy, Paragraph 0055 and Figure 3), electrically connected with the second power part of the handpiece to receive power from the second power part, electrically connected with the energy delivery part to receive an electrical signal (the microneedles 230 of the tip 203 may be electrically connected to the RF circuit in the handpiece to transfer the RF energy through the microneedles 320 into the user’s tissue, Paragraph 0049 and Figure 3), and configured to irradiate the user's skin with radio frequency energy on the basis of the energy generated from the energy generation part of the main body (the microneedles 230 of the tip 203 may be electrically connected to the RF circuit in the handpiece to transfer the RF energy through the microneedles 320 into the user’s tissue, Paragraph 0049 and Figure 3); a data collection part that measures detailed patient information (handpiece 200 may include sensors configured to collected patient information, paragraph 0071); and a chamber provided inside the housing (see chamber 250 formed in tip of handpiece, Figure 3), and the tip further comprises: a vibration part provided on a side of the electrode part, operating by receiving power generated in the first power part of the main body from the second power part of the handpiece, and transmitting vibrations to the user's skin (the tip of the handpiece 200 comprises both a negative-pressure channel 360 and positive-pressure channel 350 to transmit negative and positive pressures to therefore impart mechanical stimulation/vibrations to the user’s skin, Paragraphs 0040-0041 and Figure 3).
However, Ko is silent on and a cooling part operating by receiving power from the first power part and where a gas can is attached so that cooling gas may be delivered to the skin, a gas delivery part that delivers the cooling gas of the gas can attached to the cooling part of the main body toward the skin; and into which cooling gas for cooling the user's skin is injected.
However, Altshuler teaches a tissue treatment device (Abstract) capable of generating radio frequency output towards a used (Paragraph 0071) and further teaching a cooling part comprising a gas can such that cooling gas may be delivered to the skin (a cooling unit can be an enclosure with a cooling agent providing a stream of cold gas or liquid, Paragraph 0054).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Ko’s tissue treatment device by including a cooling part configured to delivery cold gas to the user’s skin, as taught by Altshuler, as pairing cooling therapy/treatment with radio frequency treatment enhances safety of the device by cooling the skin during treatment to prevent burns or blistering from the RF treatment.
Regarding claim 2, Ko further teaches a first electrode plate and a second electrode plate to which the energy is transmitted from the energy delivery part after the energy generated in the energy generation part of the main body is transmitted through the energy delivery part; and a third electrode plate that receives energy from the first electrode plate and the second electrode plate and irradiates the user's skin with radio frequency energy by coming into contact with the user's skin (the front end of each microneedle 320 serves as an electrode configured to transfer RF energy, there are at least three microneedles, therefore comprising a first, second and third electrode, Paragraph 0055 and Figure 3).
However, Ko doesn’t explicitly state wherein the electrode part further comprises: a third power part to which the power generated in the first power part of the main body is transmitted through the second power part of the handpiece, and connected to a side of the second power part to receive power from the second power part.
However, as Ko’s device teaches multiple power sources for various device components (handpiece 200 comprises power source 230 and main body 100 comprises its own power source), it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Ko’s tissue treatment device by including a third power part configured to transmit power between the first and second power parts, as providing a third power source is merely a duplication of already present device components and therefore have no patentable weight (see MPEP 214404 VI. B).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ko (US 2022/0072299 A1) in view of Altschuler et al. (US 2004/0073079 A1) and in further view of Boll et al. (US 2019/0133673 A1).
Regarding claim 3, Ko in view of Altshuler teach the apparatus of claim 1, however are silent wherein the main body further comprises: a return electrode part that allows current remaining in a user's body to be discharged outside of the user's body after the energy generated in the energy generation part is irradiated to the user's skin with.
However, Boll teaches a tissue treatment device utilizing RF energy imparted on to a user’s skin (Abstract and Figure 1) comprising a main body (applicator 130a, Paragraph 0104 and Figure 1D) wherein the main body comprises a return electrode to therefore allow current remaining in a user’s body to be discharged after the energy is delivered to the user’s skin (return electrode 130a, Figure 1C and Paragraph 0104).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Ko’s tissue treatment device by including a return electrode, as taught by Boll, as providing a return electrode in a RF generating tissue delivery device can assist in achieving good uniformity for the skin area contacted (Paragraph 0106 of Boll) and completes the electrical circuit by safely drawing the RF energy out of the patient’s body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Na et al. (US 2021/0077350 A1) and Metha et al. (US 2009/0156958 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached on (571)-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785
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