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 .
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 1-14 are rejected under 35 U.S.C. 103 as being obvious over Borgmeier et al. (US 2016/0199118).
Regarding claim 1, Borgmeier discloses a microblade for electrostimulation (fig.1; an electrosurgical electrode 130) configured to be inserted to a predetermined depth in a skin to transmit electrical energy to the skin upon receiving power (abstract), the microblade comprising: a tip portion (the distal portion of body 200) formed to be gradually reduced in outer diameter toward a tip facing the skin [0116]; and a body portion (the proximal portion of body 200) extending outward from a rear end of the tip portion (distal portion of body 200) and having a constant outer diameter (fig.1, see also [0116]) and wherein, when power is applied to the microblade (fig1, see also [0070]), an electric field is emitted in a direction (the electrical energy that passes along the longitudinal direction of the electrode 130) perpendicular to planar field emission surfaces formed on outer peripheries of the tip portion and the body portion and is transmitted to the skin (the planar field emission surface formed on outer peripheries of distal end of body 200). However, in this embodiment (fig.1), Borgmeier does not explicitly disclose wherein the tip portion comprises a first tip edge portion formed by a pair of first tip inclined surfaces, a second tip edge portion formed by a pair of second tip inclined surfaces, and a pair of tip connection surfaces, each interconnecting one of the pair of first tip inclined surfaces and one of the pair of second tip inclined surfaces adjacent to each other, wherein the body portion comprises a first body edge portion formed by a pair of first body inclined surfaces, a second body edge portion formed by a pair of second body inclined surfaces, and a pair of body connection surfaces, each interconnecting one of the pair of first body inclined surfaces and one of the pair of second body inclined surfaces adjacent to each other.
Borgmeier discloses variety of cross-sectional shapes and/or configurations of the body 200. One of the cross-sectional shapes is body 200h having a body 200h having four major surfaces 230e, 230f, 230g, and 230h with side edges 260a (fig.5F). The body 200h cross section is part of the tip and body portion (proximal and distal portion of body 200 (see annotated figure below). Borgmeier explicitly discloses the sizes, shapes, configurations, transitions, and/or radii of curvatures can be modified based on the requirements of the surgeon or other user [0109]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the Application was effectively filed to combine the first embodiment (fig.1) and the second embodiment (fig.5f) to include the cross-sectional shape and configurations as shown in the second embodiment (fig.5f) for the purpose of achieving the requirements of the surgeon for a specific treatment.
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Regarding claim 2, Borgmeier discloses the microblade according to claim 1, wherein each of the pair of tip connection surfaces is formed in a shape of an arc curved surface (fig.5F).
Regarding claim 3, Borgmeier discloses the microblade according to claim 1, wherein the tip portion comprises a pair of extension surfaces extending from the pair of body connection surfaces in a boundary area between the tip portion and the body portion so as to be connected to the pair of tip connection surfaces. The surface extending between the proximal portion and distal portion of body 200 on the side of edges 260a which are planar surface (fig.1 and fig.5f).
Regarding claim 4, Borgmeier discloses the microblade according to claim 3, wherein each of the pair of extension surfaces is formed in a shape of a planar surface (the side edges 260a formed in planar surface, see fig.5f).
Regarding claim 5, Borgmeier discloses the microblade according to claim 1, wherein an angle between the pair of first tip inclined surfaces and an angle between the pair of second tip inclined surfaces are acute angles (the angles at the edges 260c).
Regarding claim 6, Borgmeier discloses the microblade according to claim 1, wherein an angle between each of the pair of first tip inclined surfaces and an adjacent one of the pair of tip connection surfaces and an angle between each of the pair of second tip inclined surfaces and an adjacent one of the pair of tip connection surfaces are obtuse angles (the angle between 230f /230h and 260a or the angle between 230e/230g and 260a).
Regarding claim 7, Borgmeier discloses the microblade according to claim 1, wherein a distance between a vertex of the first tip edge portion at which the pair of first tip inclined surfaces meet each other and a vertex of the second tip edge portion at which the pair of second tip inclined surfaces meet each other is longer (the distance between the top edge 260c and bottom edge 260c) than a distance between pair of tip connection surfaces facing each other (the distance between the right edge 260a and the left edge 260a).
Regarding claim 8, Borgmeier discloses the microblade according to claim 1, wherein each of the pair of body connection surfaces is formed in a shape of a planar surface (fig.5f).
Regarding claim 9, Borgmeier discloses the microblade according to claim 1, wherein an angle between the pair of first body inclined surfaces and an angle between the pair of second body inclined surfaces are acute angles (the angles at the edges 260c).
Regarding claim 10, Borgmeier discloses the microblade according to claim 1, wherein an angle between each of the pair of first body inclined surfaces and an adjacent one of the pair of body connection surfaces and an angle between each of the pair of second body inclined surfaces and an adjacent one of the pair of body connection surfaces are obtuse angles (the angle between 230f /230h and 260a or the angle between 230e/230g and 260a).
Regarding claim 11, Borgmeier discloses the microblade according to claim 1, wherein a distance between a vertex of the first body edge portion at which the pair of first body inclined surfaces meet each other and a vertex of the second body edge portion at which the pair of second body inclined surfaces meet each other is longer (the distance between the top edge 260c and bottom edge 260c) than a distance between the pair of body connection surfaces facing each other (the distance between the right edge 260a and the left edge 260a).
Regarding claim 12, Borgmeier discloses the microblade according to claim 1, wherein an end of the tip portion has a curved shape (fig.5f).
Regarding claim 13, Borgmeier discloses the microblade according to claim 1, wherein the tip portion and the body portion have a polyhedral shape with angled surfaces (fig.5f).
Regarding claim 14, Borgmeier discloses the microblade according to claim 1, wherein a portion of the tip portion and the body portion have a polygonal shape in a longitudinal section (fig.5f).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIGIST S DEMIE whose telephone number is (571)270-5345. The examiner can normally be reached Monday-Friday 8am-5Pm.
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/TIGIST S DEMIE/Primary Examiner, Art Unit 3794