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
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 2 and 4 is rejected under 35 U.S.C. 103 as being unpatentable over Tang (US 2018/0099104 A1) in view of Inoue et al. (WO 2020/054100 A1) (Please note: citations reference English language equivalent US 2021/0170431 A1).
Regarding claim 2, Tang discloses a cosmetic treatment method (¶0027-0031 and 0035) comprising: spraying toward skin or hair, an atomized medicinal agent in which a medicinal agent containing a predetermined active ingredient is atomized (¶0028-0031 and 0035).
Tang does not disclose that fine water that is uncharged and has a particle size of less than or equal to 50 nanometers is also sprayed toward the skin or hair.
Inoue teaches a fine water generator (Fig. 1, feat. 100; ¶0036) comprising a conductive polymer film (Fig. 2, feat. 12; ¶0036-0043) which adsorbs atmospheric moisture when unpowered, and discharges the moisture due to an increase in temperature when powered (¶0044-0045), which is equivalent to adsorbing moisture due to a decrease in temperature when unpowered and discharging moisture due to an increase in temperature when powered. Inoue teaches that the moisture is released as particles with a size between 2 nanometers and 50 nanometers (¶0045 and 0148). Inoue further teaches that fine water with a particle size less than or equal to 50 nanometers easily infiltrates the keratin of the human body, and that the fine water generator may be used in conjunction with other equipment to promote the delivery of medicinal agents into the skin or hair (¶0011 and 0148-0150). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method disclosed by Tang so that fine water that is uncharged and has a particle size of less than or equal to 50 nanometers is also sprayed toward the skin or hair in order to promote the delivery of the atomized medicinal agent to the skin or hair as taught by Tang.
Regarding claim 4, Tang discloses a spray device (Figs. 1-8, feat. 1; ¶0027) comprising: an atomizer that generates an atomized medicinal agent in which a medicinal agent containing a predetermined active ingredient is atomized (Figs. 2-7, feat. 2; ¶0028-0031); and a spray unit that sprays the atomized medicinal agent toward skin or hair (22; ¶0030-0031).
Tang does not disclose a fine water generator that changes to a moisture absorption state in which moisture in air is made to be adsorbed to a conductive polymer film due to a decrease in temperature, and to a moisture release state in which the moisture adsorbed to the conductive polymer film is made to be released as fine water having a particle size of less than or equal to 50 nanometers due to an increase in temperature or that the spray unit sprays the fine water toward skin or hair.
Inoue teaches a fine water generator (Fig. 1, feat. 100; ¶0036) comprising a conductive polymer film (Fig. 2, feat. 12; ¶0036-0043) which adsorbs atmospheric moisture when unpowered, and discharges the moisture due to an increase in temperature when powered (¶0044-0045), which is equivalent to adsorbing moisture due to a decrease in temperature when unpowered and discharging moisture due to an increase in temperature when powered. Inoue teaches that the moisture is released as particles with a size between 2 nanometers and 50 nanometers (¶0045 and 0148). Inoue further teaches that fine water with a particle size less than or equal to 50 nanometers easily infiltrates the keratin of the human body, and that the fine water generator may be used in conjunction with other equipment to promote the delivery of medicinal agents into the skin or hair (¶0011 and 0148-0150). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the spray device of Tang to include a fine water generator that changes to a moisture absorption state in which moisture in air is made to be adsorbed to a conductive polymer film due to a decrease in temperature, and to a moisture release state in which the moisture adsorbed to the conductive polymer film is made to be released as fine water having a particle size of less than or equal to 50 nanometers due to an increase in temperature and so that the spray unit sprays the fine water toward skin or hair in order to promote the delivery of the atomized medicinal agent to the skin or hair as taught by Tang.
Claims 1, 3, and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Tang in view of Inoue and in further view of Longest et al. (US 2011/0056492 A1).
Regarding claim 1, Tang discloses a spray agent for skin or hair (¶0027-0031) comprising an atomized medicinal agent in which a medicinal agent containing a predetermined active ingredient is atomized (¶0028 and 0031).
Tang does not disclose that the spray gent comprises a mixture or that the mixture includes the atomized medicinal agent and fine water that is uncharged and has a particle size of less than or equal to 50 nanometers.
Inoue teaches a fine water generator (Fig. 1, feat. 100; ¶0036) that generates uncharged fine water particles with a size between 2 nanometers and 50 nanometers (¶0011, 0045, and 0148-0150). Inoue teaches that such fine water particles promote the delivery of medicinal agents into the skin or hair (¶0011 and 0148-0150).
Longest teaches a device (Figs. 2A-E, ¶0056-0057) for delivering aerosols and water vapor to a patient which may comprise a mixing chamber (Fig. 2E, feat. 600; ¶0057) in which a water vapor stream from a water vapor source (100), which is homologous to the fine water generator of Inoue, and an aerosol from an aerosol source (200), which is homologous to the atomizer and atomized medicinal agent of Tang, are mixed prior to entering a delivery conduit (300) for delivery to patient (¶0057). Longest teaches that this aids with controlling the environment of the mixture and maintaining a desired particle size (¶0054-0057). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the agent disclosed by Tang so that it comprises a mixture, wherein the mixture includes the atomized medicinal agent of Tang and fine water that is uncharged and has a particle size of less than or equal to 50 nanometers in order to promote the delivery of the medicinal agent into the skin or hair as taught by Inoue and to aid with controlling the environment of the mixture and maintaining a desired particle size as taught by Longest.
Regarding claim 3, Tang in view of Inoue suggests the method of claim 3, but does not disclose mixing the atomized medicinal agent and the fine water, wherein in the spraying, a spray agent in which the atomized medicinal agent and the fine water are mixed in the mixing is sprayed toward skin or hair.
Longest teaches a device (Figs. 2A-E, ¶0056-0057) for delivering aerosols and water vapor to a patient which may comprise a mixing chamber (Fig. 2E, feat. 600; ¶0057) in which a water vapor stream from a water vapor source (100), which is homologous to the fine water generator of Tang in view of Inoue, and an aerosol from an aerosol source (200), which is homologous to the atomizer of Tang in view of Inoue, are mixed prior to entering a delivery conduit (300), which is homologous to the spray unit of Tang in view of Inoue. Longest teaches that this aids with controlling the environment of the mixture and maintaining a desired particle size (¶0054-0057). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method suggested by Tang in view of Inoue so that it includes mixing the atomized medicinal agent and the fine water, wherein in the spraying, a spray agent in which the atomized medicinal agent and the fine water are mixed in the mixing is sprayed toward skin or hair in order to aid with controlling the environment of the mixture and maintaining a desired particle size as taught by Longest.
Regarding claim 5, Tang in view of Inoue suggests the device of claim 4, but does not disclose a mixing unit that communicates with the atomizer, the fine water generator, and the spray unit and mixes the medicinal agent and the fine water, wherein the spray unit sprays a spray agent in which the atomized medicinal agent and the fine water are mixed in the mixing unit.
Longest teaches a device (Figs. 2A-E, ¶0056-0057) for delivering aerosols and water vapor to a patient which may comprise a mixing chamber (Fig. 2E, feat. 600; ¶0057) in which a water vapor stream from a water vapor source (100), which is homologous to the fine water generator of Tang in view of Inoue, and an aerosol from an aerosol source (200), which is homologous to the atomizer of Tang in view of Inoue, are mixed prior to entering a delivery conduit (300), which is homologous to the spray unit of Tang in view of Inoue. Longest teaches that this aids with controlling the environment of the mixture and maintaining a desired particle size (¶0054-0057). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Tang in view of Inoue so that it includes a mixing unit that communicates with the atomizer, the fine water generator, and the spray unit and mixes the medicinal agent and the fine water, wherein the spray unit sprays a spray agent in which the atomized medicinal agent and the fine water are mixed in the mixing unit in order to aid with controlling the environment of the mixture and maintaining a desired particle size as taught by Longest.
Regarding claim 6, Tang in view of Inoue and in further view of Longest suggests the device of claim 5. Tang further teaches that the atomizer (Figs. 2-4, feat. 2; ¶0030-0035) and spray nozzle (22) comprises an air inlet (21) in communication with an air chamber (4) and an air introduction port (13) such that communication between the atomizer and the air storage chamber (4) is selectively controlled by a sealing valve (52; ¶0034-0035). Tang teaches that by selectively sealing the atomizer and spray nozzle from the air chamber until it is time to deliver the medicine to the patient, pressure can be built up in the air storage chamber and air can be released under a stable pressure to deliver the atomized medicine to the patient (¶0034-0035). Therefore, Tang teaches a switching part which switches between a sealed state and a circulation state.
Inoue further teaches that in the moisture absorption state, or discharge preparation mode, a blower fan (Fig. 1, feat. 120) may pull atmospheric air from the outlet space (S2) towards the inlet space (S1) in order to cool a honeycomb member (131) carrying the conductive polymer film (12) and adsorb moisture onto the film (¶0074-0079), and in the moisture release state, or discharge mode, the blow fan may push air from the inlet space (S1) to the outlet space (S2) while powering the conductive polymer film in order to deliver fine water particles to the patient (¶0070-0073 and 0080-0082). Therefore, Inoue teaches that during the moisture absorption state, the fine water generator should not be outputting any fine water particles, which would be to the mixing unit of the device of Tang in view of Inoue and in further view of Longest, and that during the moisture release state, the fine water generator should be outputting fine water particles to the mixing unit.
Therefore, Tang in view of Inoue and in further view of Longest further suggest that the device further comprises a switching part that selects any one of a sealed state in which communication between the fine water generator and the mixing unit is blocked and air outside the mixing unit is supplied to the fine water generator, and a circulation state in which communication with established between the fine water generator and the mixing unit and air inside the mixing unit is supplied to the fine water generator, wherein the fine water generator enters the moisture absorption state when the switching part is in the sealed state and the moisture release state when the switching part is in the circulation state such that a concentration in the mixing unit is increased.
Regarding claim 7, Tang in view of Inoue and in further view of Longest suggests the method of claim 3. Inoue further teaches that the fine water is formed by adsorbing moisture to a conductive polymer film (Fig. 2, feat. 12; ¶0047) having nanochannels (Fig. 2, feat. 13c; ¶0047), and increasing the temperature of the film to release the adsorbed moisture (¶0045-0046). As discussed above with respect to claim 3, Tang in view of Inoue and in further view of Longest suggests that the atomized medicinal agent and fine water are mixed in the mixing step. Therefore, Tang in view of Inoue and in further view of Longest further suggests adsorbing moisture to a conductive polymer film having a nanochannel; increasing a temperature of the conductive polymer film to release the moisture adsorbed to the conductive polymer film, wherein in the mixing the fine water is mixed with the atomized medicinal agent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARJUNA P CHATRATHI whose telephone number is (571)272-8063. The examiner can normally be reached M-F 8:30-5:00.
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/ARJUNA P CHATRATHI/Examiner, Art Unit 3781
/SARAH AL HASHIMI/Supervisory Patent Examiner, Art Unit 3781
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