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 .
Response to Arguments
Applicant's arguments filed 12/02/2025 have been fully considered but they are not persuasive. Additionally, since the amendments to independent claims 1, 11, and 17 change the scope of claims 1-19 and do not merely incorporate limitations from previous dependent claims, a new grounds of rejection is made in view of previously applied references as explained in further detail below.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “ a controller configured to control treatment based on … information on a treatment order of each treatment location”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). However, portions of this argument are still pertinent and relevant to the new grounds of rejection as explained below.
Additionally, Applicant contends that Ha merely discloses storing skin condition information related to measured position, but fails to disclose controlling a treatment operation based on a treatment order of each treatment location, where Examiner previously indicated in an interview that the limitation appeared to overcome the outstanding § 103 rejection. However, upon further consideration, Ha does teach control based on a treatment order (See Ha ¶[0068]). The control of the treatment is based on the control sequence that is determined, where a sequence is an ordered pattern. Based on how the claim is currently written, the control of the treatment order is not based in any particular way on the specified order of treatment, such as the sequential order of treatment points, but an ordered pattern of treatment. Consequently, if the controller follows a determined sequence, the determined sequence is the information on a treatment order of each treatment location, and, therefore, the controller is configured to control a treatment operation based on information on a treatment order of each treatment location.
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 limitations 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 limitations are:
The ”treatment unit” in claims 1 and 11. For the purposes of Examination, Examiner interprets that the “treatment unit” is a “handpiece or sub-component of a handpiece” as described on Page 8 of Applicant’s specification, which reads “The treatment unit 140 is a component provided in the handpiece and transmitting energy to the skin surface, which is a treatment region. Here, the treatment unit 140 may refer to the handpiece itself or may refer to a sub-component of the handpiece that contributes to delivering energy to the skin surface. As an example, the treatment unit 140 of the present embodiment includes a plurality of optical elements provided in the handpiece and forms a path along which treatment light travels in the handpiece.”
The “detecting unit” in claims 1 and 11. For the purposes of Examination, Examiner interprets that the “detecting unit” is “multiple sensors to detect movement and location information” as described on Page 10 of Applicant’s specification, which reads “the detecting unit 170 of the present embodiment includes a first sensor unit 171 detecting horizontal movement information of the handpiece, a second sensor unit 172 detecting axial rotation information of the handpiece, and a location calculation unit 173 that calculates location information of the handpiece based on the information detected by the first sensor unit and the second sensor unit.”
The “storage unit” in claim 1. For the purposes of Examination, Examiner interprets that the “storage unit” is a “memory” as described on Pages 9 and 14 of Applicant’s specification, which reads “Meanwhile, the controller 160 is a component that controls each component of the skin treatment device 1. The controller 160 operates the skin treatment device according to the contents set by the user through the setting unit 120, the contents operated by the user through the operating unit 150 of the handpiece, or the contents stored an internal memory (not shown),” and “the storage unit 180 of the present embodiment may store previously treated treatment location information, and the controller 160 may perform a treatment in consideration of the previous treatment,” respectively.
The “display unit” in claim 6. For the purposes of Examination, Examiner interprets that the “display unit” is a “display, such as a screen or monitor for display of an image” as shown by Figure 1, display unit 130 of Applicant’s disclosure.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recite sufficient structure to perform the claimed function so as to avoid 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
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 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ha (U.S. Pub. No. 2022/0211320 A1) in view of DeBenedictis et al. (hereinafter “DeBenedictis”) (U.S. Pub. No. 2007/0093798 A1, IDS reference 1, from IDS dated 01/27/2025 and IDS dated 02/26/2025).
Regarding claim 1, Ha teaches a skin treatment device (Abstract, which teaches a “Composite medical treatment apparatus using skin map”) comprising:
a treatment unit (¶[0036], where “The composite medical treatment apparatus may include a handpiece 10 and a main controller 20. The handpiece 10 collects information regarding skin condition, and generates and applies HIFU and/or laser to the skin according to the skin condition of the patient”) configured to move on a skin surface by a user's motion (¶[0042], where “position measuring unit 300 receives a sensing information from an optical position sensor 310 that measures the distance and direction of movement when the handpiece 10 moves on the skin”) and perform a treatment by delivering energy to a plurality of treatment locations (¶[0036], where “The composite medical treatment apparatus may include a handpiece 10 … handpiece 10 … generates and applies HIFU and/or laser to the skin according to the skin condition of the patient,” ¶[0037], where “the handpiece 10 generates high-intensity focused ultrasound and laser to be applied to the region of interest according to the control parameter determined by the measured skin condition,” Figure 6, which shows multiple regions. Examiner takes the position that energy is delivered to a plurality of treatment locations since the high-intensity focused ultrasound and laser are applied to a region of interest that includes multiple treatment areas.);
a detecting unit (¶[0042], where “The position measuring unit 300 measures a position of the point where the handpiece 10 came into contact with the region of interest for measurement of skin condition (hereinafter, measurement position) and a position of the point where the handpiece 10 comes into contact with the region of interest for treatment (hereinafter, treatment position) to generate two-dimensional or three-dimensional position information … receives a sensing information from an optical position sensor 310 … the position measuring unit 300 may further include a sensor such as a gyro sensor (not shown) for measuring a posture of the handpiece 10”) configured to detect location information of the treatment unit while the treatment unit is moving (¶[0042], where “The position measuring unit 300 receives a sensing information from an optical position sensor 310 that measures the distance and direction of movement when the handpiece 10 moves on the skin”);
a storage unit configured to store information on a treatment location on which the treatment has been performed based on information detected by the detecting unit (¶[0043], where “The main controller 20 drives the handpiece 10 to collect the skin condition, generates a skin map based on the collected skin condition and measurement position, and generates control parameters to drive HIFU and/or laser according to the treatment position. The main controller 20 may include a storage unit for storing the skin map,” ¶[0067], where “The treatment position measured by the handpiece 10 is retrieved from the skin map stored in the main controller 20 or an external information processing device (e.g., PC or server; hereinafter referred to as the main controller 20 collectively) communicatively connected to the main controller 20.” Examiner takes the position that a main controller inherently includes a memory for storing information.); and
a controller configured to control a treatment operation based on information on the treatment location on which the treatment has been performed (¶[0043], where “The main controller 20 drives the handpiece 10 to collect the skin condition, generates a skin map based on the collected skin condition and measurement position, and generates control parameters to drive HIFU and/or laser according to the treatment position. The main controller 20 may include a storage unit for storing the skin map, a calculation unit for generating control parameters based on the skin condition corresponding to treatment position, a laser generator for generating laser to be applied to the region of interest through the handpiece 10, and a power supply for supplying power required to drive the composite medical treatment apparatus including the handpiece 10”) and information on a treatment order of each treatment location (¶[0068], where “The control parameter is generated using the acquired one or more skin condition in 430. The control parameter is used to control selection of the treatment medium to be applied to the treatment point, the intensity of the selected treatment medium, an output time of the selected medium, an application depth where the selected medium can reach, and the like, based on one or more skin conditions. The treatment medium is, but is not limited to, HIFU and laser. For example, the main controller 20 may generate a control parameter for adjusting the focal depth of HIFU to be applied (e.g., the application depth of the selected medium) according to the skin thickness. The control parameter may be used to generate a control sequence for controlling two or more treatment mediums to operate simultaneously or sequentially.” Examiner interprets that the control of the treatment is based on the determined control sequence, where a sequence is an ordered pattern. Therefore, since the controller follows a determined sequence, the determined sequence is the information on a treatment order of each treatment location such that the controller is configured to control a treatment operation based on information on a treatment order of each treatment location.).
Although Ha teaches that the skin treatment device generates a skin map for treatment, where generation of the skin map is an aspect of treatment and storing information on treatment order (Figure 5B, which shows a continuous measurement of the skin condition along continuous points. Examiner takes the position that information on the treatment order of each treatment location is inherently stored in order to properly map the region in a correct order.), Ha does not teach that the skin map is generated during treatment with the skin treatment device.
DeBenedictis teaches a method and apparatus for thermal treatment of tissue by irradiating the skin with electromagnetic energy (Abstract) with generation of a skin map during treatment (¶[0064], where “a treatment status map is displayed on a monitor (not shown) for the user or the patient to observe. The positional sensor 280 can be used to measure the location within the treatment region of the tissue response that is measured by the dosage evaluation sensor 260. In this way, a map can display which parts of the treatment region have been treated and how each part of the treatment region has responded to treatment”).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of DeBenedictis, which teaches generation of a skin map during treatment, with the invention of Ha in order to allow the user to utilize the map information to make treatment uniform over the entire treatment region, to have treatment vary in a desirable manner such as treating area with deep wrinkles more heavily than less wrinkled areas, or to automatically reduce or disable treatment in the regions that have already been adequately treated as the user continues to move the handpiece over the treatment region (DeBenedictis ¶[0064]).
Regarding claim 2, Ha in combination with DeBenedictis teaches all limitations of claim 1 as described in the rejection above.
Ha teaches that the storage unit cumulatively stores information on a plurality of treatment locations on which the treatment has been performed (Figure 5B, which shows cumulative information storage based on multiple treatment locations, ¶[0063], where “Referring to FIG. 5B, the handpiece 10 may measure one or more skin condition while moving in contact with the region of interest … The skin condition may be continuously or discontinuously measured,” ¶[0064], where “The skin condition may be stored for each point-by-point or sub-region. The skin condition may be stored in association with each specific point”).
Regarding claim 3, Ha in combination with DeBenedictis teaches all limitations of claim 1 as described in the rejection above.
Ha teaches that the storage unit cumulatively stores information on a plurality of treatment locations on which the treatment has been performed (Figure 5B, which shows cumulative information storage based on multiple treatment locations, ¶[0063], where “Referring to FIG. 5B, the handpiece 10 may measure one or more skin condition while moving in contact with the region of interest … The skin condition may be continuously or discontinuously measured,” ¶[0064], where “The skin condition may be stored for each point-by-point or sub-region. The skin condition may be stored in association with each specific point”) and the information on the treatment order of each treatment location (Figure 5B, which shows a continuous measurement of the skin condition along continuous points. Examiner takes the position that information on the treatment order of each treatment location is inherently stored in order to properly map the region in a correct order.).
Regarding claim 4, Ha in combination with DeBenedictis teaches all limitations of claim 1 as described in the rejection above.
Ha teaches that while the treatment is performed by the treatment unit, the storage unit generates a treatment map recording the treatment location information and cumulatively records the treatment location information on the treatment map (Figure 5B, which shows cumulative information storage based on multiple treatment locations, ¶[0060], where “Referring FIGS. 4 to 6 together, the skin map is generated using the skin condition measured at the region of interest 400,” ¶[0063], where “Referring to FIG. 5B, the handpiece 10 may measure one or more skin condition while moving in contact with the region of interest … The skin condition may be continuously or discontinuously measured,” ¶[0064], where “The skin condition may be stored for each point-by-point or sub-region. The skin condition may be stored in association with each specific point”).
Regarding claim 5, Ha in combination with DeBenedictis teaches all limitations of claim 4 as described in the rejection above.
Ha teaches that while a treatment is performed through a first treatment path, the storage unit records treatment location information corresponding to the first treatment path in a first treatment map, and while a treatment is performed through a second treatment path, the storage unit records treatment location information corresponding to the second treatment path in a second treatment map (Figure 5B, which shows a continuous movement path of the handpiece to generate a region of interest for the skin map, Figure 6, which shows a completed skin map with multiple regions. Examiner takes the position that Ha teaches a first and second treatment path with first and second treatment maps since Fig. 5B shows how each region is mapped, this mapping method is applied to each region, and since Fig. 6 shows at least a first and second treatment map, based on respective regions, as there is a plurality of regions shown. ¶[0063], where “Referring to FIG. 5B, the handpiece 10 may measure one or more skin condition while moving in contact with the region of interest … The skin condition may be continuously or discontinuously measured,” ¶[0064], where “The skin condition may be stored for each point-by-point or sub-region. The skin condition may be stored in association with each specific point”).
Regarding claim 6, Ha in combination with DeBenedictis teaches all limitations of claim 4 as described in the rejection above.
Ha teaches a display unit configured to display the treatment map to a user (¶[0065], where “The skin map is a set of one or more skin conditions related to measurement position. Two-dimensional or three-dimensional skin map may be displayed on a display. An example of the completed skin map is shown in FIG. 6”).
Ha does not teach that the display unit displays the treatment map while treatment is performed by the treatment unit.
DeBenedictis teaches that the treatment map is displayed while the treatment is performed by the treatment unit (¶[0064], where “a treatment status map is displayed on a monitor (not shown) for the user or the patient to observe … a map can display which parts of the treatment region have been treated and how each part of the treatment region has responded to treatment”).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of DeBenedictis, which teaches that the treatment map is displayed while the treatment is performed by the treatment unit, with the invention of Ha in order to allow the user to utilize the map information to make treatment uniform over the entire treatment region (DeBenedictis ¶[0064]).
Regarding claim 7, Ha in combination with DeBenedictis teaches all limitations of claim 1 as described in the rejection above.
Ha teaches that the detecting unit detects location information of the treatment unit by detecting horizontal movement information according to reference coordinates and rotation information of the reference coordinates, while the treatment unit is moving (¶[0042], where “The position measuring unit 300 receives a sensing information from an optical position sensor 310 that measures the distance and direction of movement when the handpiece 10 moves on the skin … may further include a sensor such as a gyro sensor (not shown) for measuring a posture of the handpiece 10, for example, rotation” ¶[0062], where “The handpiece 10 may include the optical position sensor 310 and/or the gyro sensor, and may measure a direction and a distance of movement of the handpiece 10 in contact with the region of interest. The information measured by the sensor may be a position in the form of at least two-dimensional coordinates indicating a measurement point, and may be adjusted by information such as tilt and/or rotation measured by the gyro sensor.” Examiner takes the position that the optical position sensor teaches horizontal movement information according to reference coordinates since the handpiece moves along the skin to create horizontal movement and since the two-dimensional coordinates equate to reference coordinates. Additionally, Examiner takes the position that the gyro sensor gathers rotation information of the reference coordinates.).
Regarding claim 8, Ha in combination with DeBenedictis teaches all limitations of claim 1 as described in the rejection above.
Ha teaches that the detecting unit includes an image sensor configured to acquire movement information by acquiring an image of the skin surface in real time while the treatment unit is moving (¶[0042], where “The position measuring unit 300 receives a sensing information from an optical position sensor 310 that measures the distance and direction of movement when the handpiece 10 moves on the skin,” ¶[0062], where “The handpiece 10 may include the optical position sensor 310 … and may measure a direction and a distance of movement of the handpiece 10 in contact with the region of interest. The information measured by the sensor may be a position in the form of at least two-dimensional coordinates indicating a measurement point … The measurement position generated by the handpiece 10 … is used to generate the skin map,” ¶[0065], where “The skin map is a set of one or more skin conditions related to measurement position. Two-dimensional or three-dimensional skin map may be displayed on a display. An example of the completed skin map is shown in FIG. 6.” Examiner takes the position that the optical position sensor is an image sensor that acquires movement information by acquiring an image of the skin surface in real time. The optical position sensor uses a two-dimensional coordinate system to capture movement of the handpiece in real-time as the user moves the handpiece along the skin surface. The optical position sensor then uses that movement data to generate and display an image of the skin map, which is a displayed set of one or more skin conditions related to measurement position.) and a gyro sensor configured to detect rotation information of the treatment unit (¶[0062], where “The handpiece 10 may include … the gyro sensor, and may measure a direction and a distance of movement of the handpiece 10 in contact with the region of interest. The information measured by the sensor may be a position in the form of at least two-dimensional coordinates indicating a measurement point, and may be adjusted by information such as tilt and/or rotation measured by the gyro sensor”).
Regarding claim 9, Ha in combination with DeBenedictis teaches all limitations of claim 1 as described in the rejection above.
DeBenedictis teaches that when the treatment unit is located in a previously treated treatment location or within a preset distance from the previously treated treatment location, the controller controls the treatment unit not to transmit energy to the skin surface or controls the treatment to be performed with relatively low output energy (¶[0058], where “The handpiece 200 contains a controller 215 comprising a computer and/or laser driver electronics. The controller 215 controls an optical source 210 and a scanning delivery unit 220 to affect one or more parameters such that treatment is materially affected,” ¶[0060], where “In response to the measurements, the controller 215 adjusts the optical treatment parameters in real time to materially affect the photothermal treatment,” ¶[0064], where “the system can be configured to automatically reduce or disable treatment in the regions that have already been adequately treated as the user continues to move the handpiece over the treatment region. A picture or schematic representation of the treatment region, such as line drawing of a face for treatment of wrinkles on the face, can be used as a background for a computer display of the map of the treatment response measurements”).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of DeBenedictis, which teaches that when the treatment unit is located in a previously treated treatment location or within a preset distance from the previously treated treatment location, the controller controls the treatment unit not to transmit energy to the skin surface or controls the treatment to be performed with relatively low output energy, with the invention of Ha in order to allow the user to utilize the map information to make treatment uniform over the entire treatment region, to have treatment vary in a desirable manner such as treating area with deep wrinkles more heavily than less wrinkled areas (DeBenedictis ¶[0064]), and to prevent over- and/or under-treatment (DeBenedictis ¶[0007]).
Regarding claim 10, Ha in combination with DeBenedictis teaches all limitations of claim 1 as described in the rejection above.
DeBenedictis teaches that the treatment unit automatically transmits energy to the skin surface according to a preset mode while moving along the skin surface by a user's motion (¶[0060], where “The handpiece 200 is manually moved by the operator in direction 201 while the positional sensor 280 measures one or more positional parameters of the handpiece and the dosage evaluation sensor 260 measures one or more skin responses to treatment. The positional sensor 280 and the dosage evaluation sensor 260 communicate with the controller 215. In response to the measurements, the controller 215 adjusts the optical treatment parameters in real time to materially affect the photothermal treatment. For example, the rate of laser firing can be adjusted to be proportion to the velocity of the handpiece 200 to create a predefined treatment pattern or a uniform treatment.), and when the treatment unit is located in a previously treated treatment location or within a preset distance from the previously treated treatment location, the controller controls the treatment unit not to transmit energy to the skin surface or controls the treatment to be performed with relatively low output energy (¶[0058], where “The handpiece 200 contains a controller 215 comprising a computer and/or laser driver electronics. The controller 215 controls an optical source 210 and a scanning delivery unit 220 to affect one or more parameters such that treatment is materially affected,” ¶[0060], where “In response to the measurements, the controller 215 adjusts the optical treatment parameters in real time to materially affect the photothermal treatment,” ¶[0064], where “the system can be configured to automatically reduce or disable treatment in the regions that have already been adequately treated as the user continues to move the handpiece over the treatment region. A picture or schematic representation of the treatment region, such as line drawing of a face for treatment of wrinkles on the face, can be used as a background for a computer display of the map of the treatment response measurements”).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of DeBenedictis, which teaches that the treatment unit automatically transmits energy to the skin surface according to a preset mode while moving along the skin surface by a user's motion and when the treatment unit is located in a previously treated treatment location or within a preset distance from the previously treated treatment location, the controller controls the treatment unit not to transmit energy to the skin surface or controls the treatment to be performed with relatively low output energy, with the invention of Ha in order to adjust the optical treatment parameters in real time and create a uniform treatment (DeBenedictis ¶[0060]), to allow the user to utilize the map information to make treatment uniform over the entire treatment region, to have treatment vary in a desirable manner such as treating area with deep wrinkles more heavily than less wrinkled areas (DeBenedictis ¶[0064]), and to prevent over- and/or under-treatment (DeBenedictis ¶[0007]).
Regarding claim 11, Ha teaches a control method of a skin treatment device (¶[0016], which teaches “a method of driving a composite medical treatment apparatus using a skin map is provided. The method may include generating a skin map by measuring a skin condition associated with a measurement position on a region of interest using a handpiece, measuring a treatment position on the region of interest using the handpiece, retrieving the skin condition associated with the measurement position corresponding to the treatment position from the skin map and generating a control parameter for controlling an operation of the composite medical treatment apparatus using the retrieved skin condition”), the control method comprising:
detecting location information (¶[0042], where “The position measuring unit 300 measures a position of the point where the handpiece 10 came into contact with the region of interest for measurement of skin condition (hereinafter, measurement position) and a position of the point where the handpiece 10 comes into contact with the region of interest for treatment (hereinafter, treatment position)”) of a treatment unit (¶[0036], where “The composite medical treatment apparatus may include a handpiece 10 and a main controller 20. The handpiece 10 collects information regarding skin condition, and generates and applies HIFU and/or laser to the skin according to the skin condition of the patient”) by a detecting unit (¶[0042], where “The position measuring unit 300 measures a position of the point where the handpiece 10 came into contact with the region of interest for measurement of skin condition (hereinafter, measurement position) and a position of the point where the handpiece 10 comes into contact with the region of interest for treatment (hereinafter, treatment position) to generate two-dimensional or three-dimensional position information … receives a sensing information from an optical position sensor 310 … the position measuring unit 300 may further include a sensor such as a gyro sensor (not shown) for measuring a posture of the handpiece 10”), while moving on a location of a patient's skin surface by a user's motion (¶[0042], where “position measuring unit 300 receives a sensing information from an optical position sensor 310 that measures the distance and direction of movement when the handpiece 10 moves on the skin”);
operating a treatment unit to transmit energy to the skin surface to perform a treatment (¶[0036], where “The composite medical treatment apparatus may include a handpiece 10 and a main controller 20. The handpiece 10 … generates and applies HIFU and/or laser to the skin according to the skin condition of the patient”); and
cumulatively storing information on a treatment location on which a treatment has been performed by the treatment unit based on information detected by the detecting unit (Figure 5B, which shows cumulative information storage based on multiple treatment locations, ¶[0063], where “Referring to FIG. 5B, the handpiece 10 may measure one or more skin condition while moving in contact with the region of interest … The skin condition may be continuously or discontinuously measured,” ¶[0064], where “The skin condition may be stored for each point-by-point or sub-region. The skin condition may be stored in association with each specific point”),
wherein, in the step of performing the treatment, the controller controls the operation of the treatment unit in consideration of location information of the treatment unit, the information on the treatment location on which the treatment has been performed (¶[0043], where “The main controller 20 drives the handpiece 10 to collect the skin condition, generates a skin map based on the collected skin condition and measurement position, and generates control parameters to drive HIFU and/or laser according to the treatment position. The main controller 20 may include a storage unit for storing the skin map, a calculation unit for generating control parameters based on the skin condition corresponding to treatment position, a laser generator for generating laser to be applied to the region of interest through the handpiece 10, and a power supply for supplying power required to drive the composite medical treatment apparatus including the handpiece 10”), and information on a treatment order of each treatment location (¶[0068], where “The control parameter is generated using the acquired one or more skin condition in 430. The control parameter is used to control selection of the treatment medium to be applied to the treatment point, the intensity of the selected treatment medium, an output time of the selected medium, an application depth where the selected medium can reach, and the like, based on one or more skin conditions. The treatment medium is, but is not limited to, HIFU and laser. For example, the main controller 20 may generate a control parameter for adjusting the focal depth of HIFU to be applied (e.g., the application depth of the selected medium) according to the skin thickness. The control parameter may be used to generate a control sequence for controlling two or more treatment mediums to operate simultaneously or sequentially.” Examiner interprets that the control of the treatment is based on the determined control sequence, where a sequence is an ordered pattern. Therefore, since the controller follows a determined sequence, the determined sequence is the information on a treatment order of each treatment location such that the controller is configured to control a treatment operation based on information on a treatment order of each treatment location.).
Although Ha teaches that the skin treatment device generates a skin map for treatment, where generation of the skin map is an aspect of treatment, Ha does not teach that the skin map is generated during treatment with the skin treatment device.
DeBenedictis teaches generation of a skin map during treatment (¶[0064], where “a treatment status map is displayed on a monitor (not shown) for the user or the patient to observe. The positional sensor 280 can be used to measure the location within the treatment region of the tissue response that is measured by the dosage evaluation sensor 260. In this way, a map can display which parts of the treatment region have been treated and how each part of the treatment region has responded to treatment”).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of DeBenedictis, which teaches generation of a skin map during treatment, with the invention of Ha in order to allow the user to utilize the map information to make treatment uniform over the entire treatment region, to have treatment vary in a desirable manner such as treating area with deep wrinkles more heavily than less wrinkled areas, or to automatically reduce or disable treatment in the regions that have already been adequately treated as the user continues to move the handpiece over the treatment region (DeBenedictis ¶[0064]).
Regarding claim 12, Ha in combination with DeBenedictis teaches all limitations of claim 11 as described in the rejection above.
Ha teaches that the storing of the treatment location information includes accumulatively storing information on a plurality of treatment locations on which treatment has been performed (Figure 5B, which shows accumulative information storage based on multiple treatment locations, ¶[0063], where “Referring to FIG. 5B, the handpiece 10 may measure one or more skin condition while moving in contact with the region of interest … The skin condition may be continuously or discontinuously measured,” ¶[0064], where “The skin condition may be stored for each point-by-point or sub-region. The skin condition may be stored in association with each specific point”) and the information on the treatment order of each treatment location (Figure 5B, which shows a continuous measurement of the skin condition along continuous points. Examiner takes the position that information on the treatment order of each treatment location is inherently stored in order to properly map the region in a correct order.).
Regarding claim 13, Ha in combination with DeBenedictis teaches all limitations of claim 11 as described in the rejection above.
Ha teaches that the storing of the treatment location information includes generating a treatment map for recording the treatment location information while the treatment is performed by the treatment unit and cumulatively recording the treatment location information on the treatment map (Figure 5B, which shows cumulative information storage based on multiple treatment locations, ¶[0060], where “Referring FIGS. 4 to 6 together, the skin map is generated using the skin condition measured at the region of interest 400,” ¶[0063], where “Referring to FIG. 5B, the handpiece 10 may measure one or more skin condition while moving in contact with the region of interest … The skin condition may be continuously or discontinuously measured,” ¶[0064], where “The skin condition may be stored for each point-by-point or sub-region. The skin condition may be stored in association with each specific point”).
Regarding claim 14, Ha in combination with DeBenedictis teaches all limitations of claim 13 as described in the rejection above.
Ha teaches the storing of the treatment location information includes generating a first treatment map and recording treatment location information by the treatment unit while a treatment is performed through a first treatment path and generating a second treatment map and recording treatment location information while a treatment is performed through a second treatment path (Figure 5B, which shows a continuous movement path of the handpiece to generate a region of interest for the skin map, Figure 6, which shows a completed skin map with multiple regions. Examiner takes the position that Ha teaches a first and second treatment path with first and second treatment maps since Fig. 5B shows how each region is mapped, this mapping method is applied to each region, and since Fig. 6 shows at least a first and second treatment map, based on respective regions, as there is a plurality of regions shown. ¶[0063], where “Referring to FIG. 5B, the handpiece 10 may measure one or more skin condition while moving in contact with the region of interest … The skin condition may be continuously or discontinuously measured,” ¶[0064], where “The skin condition may be stored for each point-by-point or sub-region. The skin condition may be stored in association with each specific point”).
Regarding claim 15, Ha in combination with DeBenedictis teaches all limitations of claim 11 as described in the rejection above.
Ha teaches that the detecting of the location information of the treatment unit includes detecting location information of the treatment unit by detecting horizontal movement information according to reference coordinates and rotation information of the reference coordinates while the treatment unit is moving (¶[0042], where “The position measuring unit 300 receives a sensing information from an optical position sensor 310 that measures the distance and direction of movement when the handpiece 10 moves on the skin … may further include a sensor such as a gyro sensor (not shown) for measuring a posture of the handpiece 10, for example, rotation” ¶[0062], where “The handpiece 10 may include the optical position sensor 310 and/or the gyro sensor, and may measure a direction and a distance of movement of the handpiece 10 in contact with the region of interest. The information measured by the sensor may be a position in the form of at least two-dimensional coordinates indicating a measurement point, and may be adjusted by information such as tilt and/or rotation measured by the gyro sensor.” Examiner takes the position that the optical position sensor teaches horizontal movement information according to reference coordinates since the handpiece moves along the skin to create horizontal movement and since the two-dimensional coordinates equate to reference coordinates. Additionally, Examiner takes the position that the gyro sensor gathers rotation information of the reference coordinates.).
Regarding claim 16, Ha in combination with DeBenedictis teaches all limitations of claim 11 as described in the rejection above. Furthermore, regarding claim 16, see the rejection of claim 9 above.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ha in view of DeBenedictis, and further in view of Kim et al. (hereinafter “Kim”) (U.S. Pub. No. 2021/0093895 A1).
Regarding claim 17, Ha teaches a control method of a skin treatment device(¶[0016], which teaches “a method of driving a composite medical treatment apparatus using a skin map is provided. The method may include generating a skin map by measuring a skin condition associated with a measurement position on a region of interest using a handpiece, measuring a treatment position on the region of interest using the handpiece, retrieving the skin condition associated with the measurement position corresponding to the treatment position from the skin map and generating a control parameter for controlling an operation of the composite medical treatment apparatus using the retrieved skin condition”), the control method comprising:
generating a treatment map for recording information on a treatment location on which a treatment has been performed (Figure 5B, which shows cumulative information storage based on multiple treatment locations, ¶[0060], where “Referring FIGS. 4 to 6 together, the skin map is generated using the skin condition measured at the region of interest 400,” ¶[0063], where “Referring to FIG. 5B, the handpiece 10 may measure one or more skin condition while moving in contact with the region of interest … The skin condition may be continuously or discontinuously measured,” ¶[0064], where “The skin condition may be stored for each point-by-point or sub-region. The skin condition may be stored in association with each specific point”), and
wherein an operation of the treatment unit is controlled in consideration of location information of the treatment unit (¶[0043], where “The main controller 20 drives the handpiece 10 to collect the skin condition, generates a skin map based on the collected skin condition and measurement position, and generates control parameters to drive HIFU and/or laser according to the treatment position. The main controller 20 may include a storage unit for storing the skin map, a calculation unit for generating control parameters based on the skin condition corresponding to treatment position, a laser generator for generating laser to be applied to the region of interest through the handpiece 10, and a power supply for supplying power required to drive the composite medical treatment apparatus including the handpiece 10”) and information on a treatment order of each treatment location (¶[0068], where “The control parameter is generated using the acquired one or more skin condition in 430. The control parameter is used to control selection of the treatment medium to be applied to the treatment point, the intensity of the selected treatment medium, an output time of the selected medium, an application depth where the selected medium can reach, and the like, based on one or more skin conditions. The treatment medium is, but is not limited to, HIFU and laser. For example, the main controller 20 may generate a control parameter for adjusting the focal depth of HIFU to be applied (e.g., the application depth of the selected medium) according to the skin thickness. The control parameter may be used to generate a control sequence for controlling two or more treatment mediums to operate simultaneously or sequentially.” Examiner interprets that the control of the treatment is based on the determined control sequence, where a sequence is an ordered pattern. Therefore, since the controller follows a determined sequence, the determined sequence is the information on a treatment order of each treatment location such that the controller is configured to control a treatment operation based on information on a treatment order of each treatment location.).
Although Ha teaches that the skin treatment device generates a skin map for treatment, where generation of the skin map is an aspect of treatment, Ha does not teach that the skin map is generated during treatment with the skin treatment device, comparing a first location on which a treatment is scheduled with information on a previously treated location recorded in the treatment map; when the first location satisfies a preset treatment condition according to a comparison result of the comparing operation, transferring energy, by a treatment unit, to the first location to perform a treatment; nor when the treatment is performed on the first location, recording the first location as a previous treatment location on the treatment map.
DeBenedictis teaches generation of a skin map during treatment (¶[0064], where “a treatment status map is displayed on a monitor (not shown) for the user or the patient to observe. The positional sensor 280 can be used to measure the location within the treatment region of the tissue response that is measured by the dosage evaluation sensor 260. In this way, a map can display which parts of the treatment region have been treated and how each part of the treatment region has responded to treatment”).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of DeBenedictis, which teaches generation of a skin map during treatment, with the invention of Ha in order to allow the user to utilize the map information to make treatment uniform over the entire treatment region, to have treatment vary in a desirable manner such as treating area with deep wrinkles more heavily than less wrinkled areas, or to automatically reduce or disable treatment in the regions that have already been adequately treated as the user continues to move the handpiece over the treatment region (DeBenedictis ¶[0064]).
Although DeBenedictis teaches that a map can display which parts of the treatment region have been treated and how each part of the treatment region has responded to treatment (DeBenedictis ¶[0064]), which inherently teaches a comparison regarding treatment response, neither Ha nor DeBenedictis teach comparing a first location on which a treatment is scheduled with information on a previously treated location recorded in the treatment map; when the first location satisfies a preset treatment condition according to a comparison result of the comparing operation, transferring energy, by a treatment unit, to the first location to perform a treatment; nor when the treatment is performed on the first location, recording the first location as a previous treatment location on the treatment map.
Kim teaches a method and a system for supporting skin treatment using ultrasound, and a non-transitory computer-readable storage medium (¶[0001]), and further teaches comparing a first location on which a treatment is scheduled with information on a previously treated location recorded in the treatment map (¶[0050], where “the skin treatment support system 200 according to an embodiment of the present disclosure may refer to the first treatment depth and the first treatment intensity to correct a second treatment depth and a second treatment intensity specified by the ultrasonic treatment reference map and thus to determine a treatment intensity depending on the treatment depth for at least one skin section of the user.” Examiner takes the position that there is an inherent comparison since the second treatment is compared to the first, or previous, treatment in order to correct the second treatment.);
when the first location satisfies a preset treatment condition according to a comparison result of the comparing operation, transferring energy, by a treatment unit, to the first location to perform a treatment (¶[0050], where “the treatment map management unit 210 according to an embodiment of the present disclosure may determine the treatment number depending on the treatment depth for at least one skin section specified by the ultrasonic treatment reference map corresponding to the profile information of the user as the treatment number depending on the treatment depth for at least one skin section of the user … the skin treatment support system 200 according to an embodiment of the present disclosure may refer to the first treatment depth and the first treatment intensity to correct a second treatment depth and a second treatment intensity specified by the ultrasonic treatment reference map and thus to determine a treatment intensity depending on the treatment depth for at least one skin section of the user,” ¶[0062], where “it can be assumed that the skin treatment support system 200 is implemented on a conventional system that performs a skin treatment using ultrasound (specifically, high-intensity focused ultrasound (HIFU)).” Examiner takes the position that there is a preset treatment condition since there is a reference map based on the user’s profile information, which is then implemented into the compared first and second treatments in order to meet a specific treatment depth and treatment intensity to adequately treat the user’s skin. Furthermore, since the skin treatment support system 200 is implemented on a conventional system that performs a skin treatment, this teaches transferring energy to perform a treatment based on the skin treatment support system’s information.); and
when the treatment is performed on the first location, recording the first location as a previous treatment location on the treatment map (¶[0050], where “the treatment map management unit 210 according to an embodiment of the present disclosure may determine the treatment number depending on the treatment depth for at least one skin section specified by the ultrasonic treatment reference map corresponding to the profile information of the user as the treatment number depending on the treatment depth for at least one skin section of the user … the skin treatment support system 200 according to an embodiment of the present disclosure may refer to the first treatment depth and the first treatment intensity to correct a second treatment depth and a second treatment intensity specified by the ultrasonic treatment reference map and thus to determine a treatment intensity depending on the treatment depth for at least one skin section of the user,” ¶[0069], where “The above-described embodiments of the present disclosure may be implemented in the form of a program command that can be performed through various computer components, and may be recorded on a computer-readable storage medium.” Examiner takes the position that since the treatment map management unit can determine the treatment number, that this teaches that the step of referring to the first treatment depth and the first treatment intensity to correct a second treatment depth and a second treatment intensity specified by the ultrasonic treatment reference map can be applied to subsequent treatments. Furthermore, the first location is recorded as a previous treatment location on the treatment map since the information is capable of being recorded on a computer-readable storage medium.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Kim, which teaches comparing a first location on which a treatment is scheduled with information on a previously treated location recorded in the treatment map; when the first location satisfies a preset treatment condition according to a comparison result of the comparing operation, transferring energy, by a treatment unit, to the first location to perform a treatment; and when the treatment is performed on the first location, recording the first location as a previous treatment location on the treatment map, with the modified invention of Ha in order to determine a treatment level for at least one skin section of the user based on the distribution (or amount) and size of wrinkles of the user's skin (Kim ¶[0050]).
Regarding claim 18, Ha in combination with DeBenedictis and Kim teaches all limitation of claim 17 as described in the rejection above.
DeBenedictis teaches that the preset treatment condition is one of a case in which the first location does not overlap with the previous treatment location recorded on the treatment map (¶[0064], where “positional sensor 280 can be used to measure the location within the treatment region of the tissue response that is measured by the dosage evaluation sensor 260. In this way, a map can display which parts of the treatment region have been treated and how each part of the treatment region has responded to treatment ... the system can be configured to automatically reduce or disable treatment in the regions that have already been adequately treated as the user continues to move the handpiece over the treatment region.” Examiner takes the position that disabling treatment in the regions that have already been adequately treated inherently teaches non-overlapping treatment areas as treatment is not being applied to previously treated areas.), a case in which the first location is spaced apart from the previous treatment location recorded in the treatment map by a preset distance or more, and a case in which the first location has passed a preset time from a previous treatment time.
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of DeBenedictis, which teaches that the preset treatment condition is one of a case in which the first location does not overlap with the previous treatment location recorded on the treatment map, a case in which the first location is spaced apart from the previous treatment location recorded in the treatment map by a preset distance or more, and a case in which the first location has passed a preset time from a previous treatment time, with the modified invention of Ha in order to allow the user to utilize the map information to make treatment uniform over the entire treatment region, to have treatment vary in a desirable manner such as treating area with deep wrinkles more heavily than less wrinkled areas, or to automatically reduce or disable treatment in the regions that have already been adequately treated as the user continues to move the handpiece over the treatment region (DeBenedictis ¶[0064]).
Regarding claim 19, Ha in combination with DeBenedictis and Kim teaches all limitation of claim 17 as described in the rejection above.
DeBenedictis teaches that when the first location does not satisfy the preset treatment condition as a comparison result of the comparing operation, a treatment is not performed at the first location or a treatment is performed by transmitting a relatively less output (¶[0064], where “positional sensor 280 can be used to measure the location within the treatment region of the tissue response that is measured by the dosage evaluation sensor 260. In this way, a map can display which parts of the treatment region have been treated and how each part of the treatment region has responded to treatment ... the system can be configured to automatically reduce or disable treatment in the regions that have already been adequately treated as the user continues to move the handpiece over the treatment region”).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of DeBenedictis, which teaches that when the first location does not satisfy the preset treatment condition as a comparison result of the comparing operation, a treatment is not performed at the first location or a treatment is performed by transmitting a relatively less output, with the modified invention of Ha in order to allow the user to utilize the map information to make treatment uniform over the entire treatment region, to have treatment vary in a desirable manner such as treating area with deep wrinkles more heavily than less wrinkled areas, or to automatically reduce or disable treatment in the regions that have already been adequately treated as the user continues to move the handpiece over the treatment region (DeBenedictis ¶[0064]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ha in view of DeBenedictis as applied to claim 1 above, and further in view of Hofvander et al. (hereinafter “Hofvander”) (U.S. Pub. No. 2022/0203114 A1).
Regarding claim 20, Ha in combination with DeBenedictis teaches all limitations of claim 1 as described in the rejection above.
Ha teaches that the controller is configured to control an irradiated treatment light (¶[0043], where “The main controller 20 drives the handpiece 10 to collect the skin condition, generates a skin map based on the collected skin condition and measurement position, and generates control parameters to drive HIFU and/or laser according to the treatment position”), where control is based on information on a treatment order of each treatment location (¶[0068], where “The control parameter is generated using the acquired one or more skin condition in 430. The control parameter is used to control selection of the treatment medium to be applied to the treatment point, the intensity of the selected treatment medium, an output time of the selected medium, an application depth where the selected medium can reach, and the like, based on one or more skin conditions. The treatment medium is, but is not limited to, HIFU and laser. For example, the main controller 20 may generate a control parameter for adjusting the focal depth of HIFU to be applied (e.g., the application depth of the selected medium) according to the skin thickness. The control parameter may be used to generate a control sequence for controlling two or more treatment mediums to operate simultaneously or sequentially.” Examiner interprets that the control of the treatment is based on the determined control sequence, where a sequence is an ordered pattern. Therefore, since the controller follows a determined sequence, the determined sequence is the information on a treatment order of each treatment location such that the controller is configured to control a treatment operation based on information on a treatment order of each treatment location.).
Neither Ha nor DeBenedictis teach controlling an irradiated treatment light based on a time elapsed between applications of a previously irradiated treatment light and the irradiated treatment light, the elapsed time being determined according to the treatment order, nor wherein the controller is configured to perform the treatment with a normal output when the elapsed time is sufficient for energy from the previously irradiated treatment light to dissipate.
Hofvander teaches an energy-based dermatological treatment system (Abstract), and further teaches controlling an irradiated treatment light based on a time elapsed between applications of a previously irradiated treatment light and the irradiated treatment light, the elapsed time being determined according to the treatment order (¶[0043], where “A further variable that can be adjusted in the sequential treatment protocol is the time between laser pulses … The mid-treatment temperature measurements and real-time skin temperature mapping may assist with tracking the change in temperature over time and may provide information about when the next region within the treatment area 200 is ready to receive a laser pulse.” Examiner takes the position that since Hofvander teaches control based on time elapsed, which is based on a sequential treatment protocol, where a sequence is an ordered pattern, the controller controls treatment light based on time determined from the treatment order, or the sequential treatment protocol. The sequential treatment protocol is the information on a treatment order such that the controller is configured to control treatment based on time information.), and
wherein the controller is configured to perform the treatment with a normal output when the elapsed time is sufficient for energy from the previously irradiated treatment light to dissipate (¶[0043], where “A further variable that can be adjusted in the sequential treatment protocol is the time between laser pulses. Increasing the time between pulses may allow the skin to dissipate more heat and cool down to a temperature closer to the original skin temperature. However, over time, heat may also spread further into other treatment areas. The mid-treatment temperature measurements and real-time skin temperature mapping may assist with tracking the change in temperature over time and may provide information about when the next region within the treatment area 200 is ready to receive a laser pulse.” Examiner interprets that, since there is time elapsed between laser pulses where only time is adjusted, that the pulses have a normal output relative to preceding pulses and that heat dissipation is a type of energy dissipation.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the above-described teachings of Hofvander, which teaches controlling an irradiated treatment light based on a time elapsed between applications of a previously irradiated treatment light and the irradiated treatment light, the elapsed time being determined according to the treatment order, wherein the controller is configured to perform the treatment with a normal output when the elapsed time is sufficient for energy from the previously irradiated treatment light to dissipate, with the modified invention of Ha since increasing the time between pulses may allow the skin to dissipate more heat and cool down to a temperature closer to the original skin temperature (Hofvander ¶[0043]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Greenbaum et al. (U.S. Pub. No. 2019/0022405 A1).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SEFRA D. MANOS/Examiner, Art Unit 3792
/UNSU JUNG/Supervisory Patent Examiner, Art Unit 3792