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 .
Information Disclosure Statement
The numerous references cited on the Information Disclosure Statements have been afforded a cursory review, similar to what would be expected of a classification search of the prior art. Should there be any references of particular relevance to the instant application claims, applicant is respectfully requested to identify such references for further review by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 7-9, 11-13 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andres et al (2019/0280766).
Regarding claim 1, Andres et al provide a needle adaptor for connection to a plasma generating handpiece (102) comprising an adaptor body having a proximal handpiece coupler ( generally 105), a needle connector (138) at a distal end of the adaptor body for connection to one or more needles (118), an energy conductor (122) disposed in the adaptor body and extending longitudinally between the handpiece and the needle connector (Figures 2C and 3A, for example) and a fluid line connector connected to a proximal end of the energy conductor to deliver fluid (i.e. gas) to the needle. The energy conductor (122) includes an internal fluid passageway (Figure 3A) such that a fluid (gas) can flow through the conductor to the needle electrode (Figure 3A). It is noted that Andres et al expressly state the blade may be a needle (para. [0056], for example).
Regarding claim 2, the handpiece coupler includes an annular groove (shown in Figure 2C, near element 136, but not specifically labeled). Regarding claim 7, the energy conductor comprises a longitudinal lumen to deliver fluid (gas) to the at least one needle (Figure 3C). Regarding claim 8, there is a lateral lumen (128) to receive fluid from the fluid delivery line and deliver the fluid to the longitudinal lumen of the energy conductor (Figure 2C). Regarding claim 9, the adaptor includes at least one needle having a collar (i.e. proximal end of the needle/blade) configured to connect to the needle connector (138) via the energy conductor tube.
Regarding claim 11, Andres et al provide a method of delivering plasma and at least one fluid (i.e. gas) to tissue comprising the steps of connecting a needle adaptor to a handpiece (102) with a proximal handpiece coupler (generally 105). There is a needle connector (138) at a distal end of the adaptor body and an energy conductor (122) disposed within the adaptor body. A fluid supply line (not shown) is connected to a fluid line connector (128). Fluid (gas) is delivered from the fluid supply line to an internal passageway in the energy conductor (Figure 3A) and the handpiece is activated to deliver a plasma at the needle at the distal end of the device to treat tissue (Abstract, for example).
Regarding claim 12, the fluid comprises a gas (e.g. helium or a noble gas). Regarding claim 13, see Figure 3A which designates helium as the gas, and paragraph [0049]. Regarding claim 17, the plasma is a cold atmospheric plasma (Abstract, for example).
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.
Claims 3-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Andres et al (‘766) in view of the teaching of Wan et al (2014/0276717).
Regarding claims 3 and 4, Andres et al fails to disclose a threaded connection between the electrode (i.e. needle) and the needle connector. Rather, the needle of Andres et al appears to be press-fit.
The examiner maintains that it is generally well known in the art to provide threaded connectors for components of electrosurgical systems. Wan et al disclose another plasma electrosurgical device that includes a distal electrode connected to a handpiece (Figure 4B, for example). In particular, Wan et al teach that it is known to provide a threaded connection to connect the distal portion to the adaptor (Figure 5B and para. [0070], for example). To have provided such a threaded attachment for any of the elements of the Andres et al device (e.g. that adaptor body as in claims 5 and 6) is deemed an obvious consideration in view of the known use of threaded connectors as taught by Wan et al.
To have provided the Andres et al device with a threaded connector to connect the needle element to the adaptor would have been an obvious design modification for one of ordinary skill in the art at the time of the invention since Wan et al fairly teach it is known to use such a connection mechanism in a similar device. The location of the female and male threads is deemed to be an obvious design consideration as the parts are clearly reversible.
Regarding claim 10, Andres et al disclose a needle adaptor as addressed with respect to claim 1 above, and Wan et al provide the teaching of using a threaded connection for the needle connector as addressed above.
Claims 14-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Andres et al (‘766) in view of the teaching of Winkelman et al (2016/0331439).
Regarding claims 14-16, Andres et al fail to expressly disclose the step of providing a liquid to tissue.
Winkelman et al disclose another device comprising a needle electrode connected to a handpiece via an adaptor body to deliver a cold plasma to tissue. In particular, Winkelman et al teach the device may be used to deliver a fluid to tissue during the cold plasma procedure.
To have provided the Andres et al device with a means to provide fluid to tissue during the procedure would have been an obvious modification for one of ordinary skill in the art since Winkelman et al fairly teach it is known to provide fluid to tissue in a similar cold plasma device.
Regarding claims 18-20, Andres et al fail to disclose the use of the device for tattoo removal, or the steps of injecting a fluid via the needle and applying suction to the tissue region.
Winkelman et al disclose another device comprising a needle electrode connected to a handpiece via an adaptor body to deliver a cold plasma to tissue. In particular, Winkelman et al teach the device may be used for tattoo removal (Title) and additionally discloses injecting a mobilization fluid (para. [0014]) as well as removal of particles (para. [0018]).
To have provided the Andres et al device for use to treat tattoo sites and with a fluid injection and removal means would have been an obvious design modification for one of ordinary skill in the art at the time of the invention since Winkelman et al fairly teach of providing such a use in a similarly constructed cold plasma device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Canady et al (10,405,913 and 7,578,817) disclose other plasma devices that use threaded attachments for the components. Sigmon, JR et al (2016/0317218), Linhart et al (2018/0103991) and Winkelman et al (2020/0197078) disclose other cold plasma devices for treating tissue.
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/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
/M.F.P/October 15, 2025
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