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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 12/01/2023 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claims 2-4 are objected to because of the following informalities:
Claim 2, ln. 1 should read ---The tip of claim 1,---
Claim 3, ln. 1 should read ---The tip of claim 1,---
Claim 4, ln. 1 should read ---The tip of claim 1,---
Appropriate correction is required.
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.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ignon et al. (Pub. No.: US 2025/0161642 A1) in view of Jeong (KR101688841B1).
Regarding claim 1, Ignon discloses (fig. 3A-3B, 8A-8F) A tip (160/560, fig. 8A-8F) for a handpiece of a skin care device (¶ 0145), the tip comprising:
A tip housing (tip body portion 563) including:
A first side (tip skirt portion 562) engaged with the handpiece of the skin care device (¶ 0171), and
A second side (distal end 561) comprising a contact end inclined inward to contact a skin (fig. 8C);
A separation wall perpendicular to an inner peripheral surface of the second side of the tip housing (fig. 8F), the separation wall comprising:
Spray ports (peripheral or non-centrally located openings 572A, 572B) configured to spray the skin care solution (¶ 0185), and
A suction port (centrally located opening 570) configured to suck the sprayed skin care solution together with skin waste (¶ 0185); and
A plurality of flow path partitions (plurality of protruding members 574, 576, 578) perpendicular to an outer surface of the separation wall (fig. 8F),
Wherein a thickness of the plurality of flow path partitions becomes thinner toward a top (¶ 0207, fig. 8F), and a height of the plurality of flow path partitions is lower than a height of the tip housing (the lip member 567 extends above top of the protruding members ¶ 0209).
Ignon fails to disclose the plurality of flow path partitions being concave with a center of the tip housing as a lowest point.
However, Ignon discloses that the plurality of flow path partitions can have varying dimensions and can have large-sized posts 574, medium-sized posts 576 and small-sized posts 578 (¶ 0208). Ignon further discloses that the location, spacing and layout of the plurality of flow path partitions can be different than illustrated as desired by a particular procedure or application.
Thus, 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 plurality of flow path partitions such that the small-sized posts 578 are adjacent a center of the tip housing, the small-sized posts 578 surrounded by medium-sized posts 576 and the medium-sized posts surrounded by large-sized posts 574, thus resulting in the plurality of flow path partitions being concave with a center of the tip housing as a lowest point, in order to configure the posts for a particular procedure or application (¶ 0209).
Ignon fails to disclose that the plurality of flow path partitions are configured to form a flow path in a zigzag form from the spray ports towards the suction port.
Jeong teaches (fig. 1) a tip for a handpiece of a skin care device (¶ 0068) and thus in the same field of endeavor, the tip comprising:
A separation wall (fig. 1), the separation wall comprising:
A spray port (tip internal supply passage 201) configured to spray the skin care solution (¶ 0034, and
A suction port (tip internal discharge flow passage 202) configured to suck the sprayed skin care solution together with skin waste (¶ 0035);
A plurality of flow path partitions (flow path wall 230) perpendicular to an outer surface of the separation wall, configured to form a flow path in a zigzag form from the spray ports toward the suction port (¶ 0053-¶ 0054, fig. 1).
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 plurality of flow path partitions of Ignon such that they are configured to form a flow path in a zigzag form from the spray ports towards the suction port, a taught by Jeong, as such flow path is suitable for maximizing the contact time of the skin care solution with the skin (Jeong, ¶ 0052-¶ 0054).
Regarding claim 2, Ignon in view of Jeong fail to disclose wherein the tip housing has a cross-section of an oval shape.
However, Ignon discloses (fig. 9A-9F) an embodiment wherein the tip housing has a cross-section of an oval shape (¶ 0216, fig. 9A-9F).
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 tip housing of Ignon in view of Jeong such that it has a cross-section of an oval shape as taught by the embodiment of Ignon fig. 9A-9F, as such shape is suitable for treating skin (Ignon ¶ 0216).
Changes in shape are a matter of design choice which a person of ordinary skill in the art would have found obvious (In re Dailey, 149 USPQ 47, see MPEP § 2144.04 IV. B.) as the applicant has not demonstrated the criticality of this limitation.
Regarding claim 3, Ignon discloses (fig. 8A) wherein the spray holes include a first spray hole (572A) located adjacent to an edge of the separation wall and a second spray hole (572B) located symmetrically with the first spray hole (fig. 8A, ¶ 0185), and wherein the suction port is located in a center of the separation wall (fig. 8A, ¶ 0185).
Regarding claim 5, Ignon discloses (fig. 3A-3B, 8A-8F) a skin care device (handpiece assembly 100 configured for use with a skin treatment system ¶ 0145) comprising:
A main body (main body portion 110) including:
A supply unit (cartridge 200) configured to store a skin care solution therein and supply the skin care solution (¶ 0146),
A recovery unit configured to recover the skin scare solution and skin waste and store the recovered skin care solution and skin waste therein (canister in fluid communication with conduit 190, ¶ 0173), and
A controller configured to control supply and recovery of the skin care solution (¶ 0146);
A handpiece (adjustable distal portion 130) connected to the main body (fig. 3A), having a handheld form allowing a user to hold and use (a user can rotate the handpiece ¶ 0152, thus, a user is able to hold and use the handpiece), and including a supply conduit (delivery channel 140) connected to the supply unit (¶ 0164) and a recovery conduit (removal channel 150) connected to the recovery unit (¶ 0171); and
A tip (160/560, fig. 8A-8F) combined with an end of the handpiece (¶ 0153),
Wherein the tip comprises;
A tip housing (tip body portion 563) including:
First side (tip skirt portion 562) engaged with the handpiece of the skin care device (¶ 0171), and
A second side (distal end 561) comprising a contact end inclined inward to contact a skin (fig. 8C);
A separation wall perpendicular to an inner peripheral surface of the second side of the tip housing (fig. 8F), the separation wall comprising:
Spray ports (peripheral or non-centrally located openings 572A, 572B) configured to spray the skin care solution (¶ 0185), and
A suction port (centrally located opening 570) configured to suck the sprayed skin care solution together with skin waste (¶ 0185); and
A plurality of flow path partitions (plurality of protruding members 574, 576, 578) perpendicular to an outer surface of the separation wall (fig. 8F),
Wherein a thickness of the plurality of flow path partitions becomes thinner toward a top (¶ 0207, fig. 8F), and a height of the plurality of flow path partitions is lower than a height of the tip housing (the lip member 567 extends above top of the protruding members ¶ 0209).
Ignon fails to disclose the plurality of flow path partitions being concave with a center of the tip housing as a lowest point.
However, Ignon discloses that the plurality of flow path partitions can have varying dimensions and can have large-sized posts 574, medium-sized posts 576 and small-sized posts 578 (¶ 0208). Ignon further discloses that the location, spacing and layout of the plurality of flow path partitions can be different than illustrated as desired by a particular procedure or application.
Thus, 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 plurality of flow path partitions such that the small-sized posts 578 are adjacent a center of the tip housing, the small-sized posts 578 surrounded by medium-sized posts 576 and the medium-sized posts surrounded by large-sized posts 574, thus resulting in the plurality of flow path partitions being concave with a center of the tip housing as a lowest point, in order to configure the posts for a particular procedure or application (¶ 0209).
Ignon fails to disclose that the plurality of flow path partitions are configured to form a flow path in a zigzag form from the spray ports towards the suction port.
Jeong teaches (fig. 1, 6) a skin care device (¶ 0068) and thus in the same field of endeavor, comprising:
A tip (fig. 1, ¶ 0031) comprising:
A separation wall (fig. 1), the separation wall comprising:
A spray port (tip internal supply passage 201) configured to spray the skin care solution (¶ 0034, and
A suction port (tip internal discharge flow passage 202) configured to suck the sprayed skin care solution together with skin waste (¶ 0035);
A plurality of flow path partitions (flow path wall 230) perpendicular to an outer surface of the separation wall, configured to form a flow path in a zigzag form from the spray ports toward the suction port (¶ 0053-¶ 0054, fig. 1).
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 plurality of flow path partitions of Ignon such that they are configured to form a flow path in a zigzag form from the spray ports towards the suction port, a taught by Jeong, as such flow path is suitable for maximizing the contact time of the skin care solution with the skin (Jeong, ¶ 0052-¶ 0054).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ignon in view of Jeong, as applied to claim 5 above, and further in view of Lee (Pub. No.: US 2022/0054810 A1).
Regarding claim 6, Ignon in view of Jeong fail to disclose wherein the recovery unit includes a sensor configured to detect a level of the recovered skin care solution, wherein in response to the sensor detecting that the recovered skin care solution reaches a predetermined level or more, the controller is configured to stop the supply and recovery of the skin care solution, and wherein the main body further includes a touch screen configured to display: the level of the skin care solution recovered in the recovery unit or an alarm message in response to the skin care solution recovered in the recovery unit reaching the predetermined level.
Lee teaches (fig. 1, 8-9) a skin care device (abstract) and thus in the same field of endeavor, comprising a main body (13) including: a recovery unit (waste storage container 22), wherein the recovery unit includes a sensor level sensor 30) configured to detect a level of the recovered skin care solution (¶ 0057), wherein in response to the sensor detecting that the recovered skin care solution reaches a predetermined level or more, the controller is configured to stop the supply and recovery of the skin care solution (¶ 0095), and wherein the main body further includes a touch screen (37) configured to display: the level of the skin care solution recovered in the recovery unit or an alarm message in response to the skin care solution recovered in the recovery unit reaching the predetermined level (¶ 0057).
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 skin care device of Ignon in view of Jeong such that the recovery unit includes a sensor configured to detect a level of the recovered skin care solution, wherein in response to the sensor detecting that the recovered skin care solution reaches a predetermined level or more, the controller is configured to stop the supply and recovery of the skin care solution, and wherein the main body further includes a touch screen configured to display: the level of the skin care solution recovered in the recovery unit or an alarm message in response to the skin care solution recovered in the recovery unit reaching the predetermined level, as taught by Lee, in order to detect and notify a user to empty the recovery unit (Lee, ¶ 0057).
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: claim 4 recites wherein the plurality of flow path partitions are arranged staggered to each other in parallel while one side of each flow path partition is in contact with an inner peripheral surface of the tip housing.
The closest prior art Jeong (KR 10-1688841) which discloses a plurality of flow path partitions configured to form a flow path in a zigzag form. Jeong fails to disclose, teach or suggest the plurality of flow path partitions arranged staggered to each other in parallel while one side of each flow path partition is in contact with an inner peripheral surface of the tip housing. Rather, The partitions of Jeong do not contact an inner peripheral surface of the tip housing and are not parallel or staggering.
Ignon et al. (Pub. No.: US 2023/0033761 A1) discloses (fig. 5A) a plurality of flow path partitions arranged staggering and with one side of some of the flow path partitions in contact with an inner peripheral surface of the tip housing. However, the plurality of flow path partitions of Ignon are arranged in a radial pattern and not parallel.
Park (KR20210153955A) discloses (fig. 8) a plurality of flow path partitions (440, 450) that are staggering and substantially parallel. However, Park fails to disclose one side of each flow path partition is in contact with an inner peripheral surface of the tip housing.
The prior art of record fails to disclose, teach or suggest the feature of the plurality of flow path partitions arranged staggered to each other in parallel while one side of each flow path partition is in contact with an inner peripheral surface of the tip housing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shadduck et al. (Pub. No.: US 2018/0303515 A1) discloses a tip comprising a flow path partition. Ignon et al. (Pub. No.: US 2016/0038183 A1) discloses a skin care device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEAGAN NGO whose telephone number is (571)270-1586. The examiner can normally be reached M - TH 8:00 - 4:00 PT.
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/MEAGAN NGO/Examiner, Art Unit 3781
/ANDREW J MENSH/Primary Examiner, Art Unit 3781