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 Amendment
The amendment filed April 24th, 2026 has been entered. Claims 1, 5, 8, 10-12, & 16 are amended. Claims 1-17 remain pending.
Response to Arguments
Applicant’s arguments with respect to claims 1-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument; as necessitate by amendment.
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 1-3, 5-8, 11, 13-14, & 17 are rejected under 35 U.S.C. 103 as being unpatentable over Dirk et al. (WO 2020083992 A1), hereinafter “Dirk”, in view of Poser et al. (US 20180161088 A1), hereinafter “Poser”. The examiner notes that all citations made to WO 2020083992 A1 are in reference to the attached translation of the disclosure of WO 2020083992 A1.
Regarding claim 1, Dirk discloses a plasma treatment device for treating a skin surface containing living cells with a dielectric barrier plasma ([0132]), comprising: a housing with a grip ([0143], [0153], & [0154]; Figure 4—element 143); a treatment head arranged on the housing ([0153] & [0154]; Figures 3 & 4—element 15); an electrode arrangement provided on the treatment head ([0133], [0153] & [0154]; Figures 3 & 4—element 5), wherein the electrode arrangement comprises at least one electrode and a dielectric that completely covers the at least one electrode with respect to a skin surface to be treated ([0133], & [0147]; Figures 3 & 4—elements 3 & 7/33), wherein said dielectric comprises a treatment surface ([0133]; Figures 3 & 4—elements 7 & 57), wherein said dielectric is configured with the at least one electrode such that the at least one electrode is engageable with the skin surface to be treated as a counter electrode to generate the dielectric barrier plasma, wherein the treatment surface of the dielectric is configured to contact the skin surface to be treated such that the dielectric barrier plasma is formable between the treatment surface of the dielectric and the skin surface to be treated to provide a plasma treatment to the skin surface to be treated, wherein the plasma treatment is supported by a friction between the treatment surface of the dielectric and the skin surface to be treated by a movement of the treatment surface of the dielectric over the skin surface to be treated ([0020], [0021], [0023], [0025], [0132], & [0137]; as length of the electrode arrangement may be equal to the length of the bristles, which are configured to rest again the surface to be treated, it is the examiners position that the treatment surface of the dielectric is capable of contacting the skin surface to be treated), and wherein the electrode arrangement is arranged in the housing such that is moveable ([0016], [0054], [0066], [0140], [0147], [0153], & [0154]; Figure 4—element 15; the head 15 includes the entire electrode arrangement 5; the head 15 is rotatably moveable via the drive unit (not shown), as the head includes the electrode arrangement it is the examiners position that the electrode arrangement would also be rotatably movable in response to the drive unit); a drive arrangement with at least one drive train positioned in the housing ([0066] & [0140]; Figures 1 & 4—element 59; the examiner is considering the drive unit to be the electric drive unit (not shown) and control line 59), wherein the at least one drive train is operatively connected with the electrode arrangement for driven movement ([0016], [0054], [0066], [0140], [0153], & [0154]; Figure 4—element 15; the head 15 includes the entire electrode arrangement 5; the head 15 is rotatably moveable via the drive unit, as the head includes the electrode arrangement it is the examiners position that the electrode arrangement would also be rotatably movable in response to the drive unit); and a high-voltage stage arranged in the housing for generating high-voltage signals for generating the dielectric barrier plasma ([0137]; Figures 1 & 4—element 65) , wherein said high-voltage stage is in electrical contact with or is configured to be brought into electrical contact with the at least one electrode of the electrode arrangement by a connection arrangement comprising at least one high-voltage supply line ([0137] & [0154]; Figures 1 & 4—element 10), wherein the at least one electrode is in electrical contact with or is configured to be brought into electrical contact with the high-voltage stage via the connection arrangement for generating the dielectric barrier plasma between the treatment surface of the dielectric and the skin surface to be treated when the skin surface to be treated is acting as the counter electrode to the electrode ([0007], [0133], [0153], & [0154]).
Dirk does not disclose the drive arrangement with at least one motor, wherein the at least one drive train is operatively connected with the electrode arrangement for motor driven movement.
Poser teaches an electrosurgical device comprising an electrode arrangement for drive movement ([0071]-[0073], [0087], [0100]; Figure 10—elements 405/412/425; Figure 21—element 875) via a drive arrangement ([0088], [0089], & [0101]; Figures 18 & 19—elements 828 & 860), the drive arrangement with at least one motor ([0088], [0089], & [0098]; Figures 18 & 19—element 828), wherein the at least one drive train is operatively connected with the electrode arrangement for the motor driven movement ([0098] & [0101]; Figures 18 & 19—element 860).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the drive arrangement, as disclosed by Dirk, to include the drive arrangement with at least one motor, wherein the at least one drive train is operatively connected with the electrode arrangement for motor driven movement, as taught by Poser, as both references and the claimed invention are directed toward electrosurgical devices comprising rotating electrode arrangements. As disclosed by Dirk, the electrode arrangement and treatment head are movably mounted to the housing and are coupled to an electric drive unit within the housing such that the drive unit drives a rotary motion of the electrode arrangement and treatment head ([0066], [0140], & [0153]). As disclosed by Poser, the electrode arrangement is operatively coupled to a motor drive such that the electrode arrangement is configured to rotate ([0071]-[0073], [0083], & [0101]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the drive arrangement, as disclosed by Dirk, to include the drive arrangement with at least one motor, wherein the at least one drive train is operatively connected with the electrode arrangement for motor driven movement, as taught by Poser, as such a modification would provide for a suitable and known electric drive unit in the art that is configured to produce the predictable result of rotating an electrode arrangement.
Regarding claim 2, Dirk in view of Poser disclose all of the limitations of claim 1, as described above.
Dirk further discloses wherein the electrode arrangement is detachably arranged or insertable on the housing ([0153]-[0154]; Figure 4—elements 5/15 & 43), and wherein the connection arrangement connects the at least one electrode to the high-voltage stage when the electrode arrangement is movably mounted on the housing in an inserted position ([0154]; Figure 4—elements 10, 71, & 73).
Regarding claim 3, Dirk in view of Poser disclose all of the limitations of claim 1, as described above.
Dirk further discloses wherein the electrode arrangement is detachably arranged or insertable on the housing by a snap-on connection ([0143], [0144], [0153], & [0154]; the connection between the removable part 45 (including the electrode arrangement 5) and the housing 43 is designed as a snap mechanical connection).
Regarding claim 5, Dirk in view of Poser disclose all of the limitations of claim 1, as described above.
Dirk further discloses wherein the at least one electrode is led out of the dielectric with an electrical connecting bolt on a rear side of the electrode arrangement opposite the treatment surface ([0154]; Figure 4—element 73), wherein the electrical connecting bolt has a contact surface on an end section opposite the at least one electrode which engages with a counter contact that is in the housing ([0154]; Figure 4—element 71), wherein the counter contact is electrically connected to the high-voltage stage for electrical contacting when the electrode arrangement is movably mounted on the housing in an inserted position ([0133] & [0154]; Figure 4—element 10).
Regarding claim 6, Dirk in view of Poser disclose all of the limitations of claim 5, as described above.
Dirk does not disclose wherein the electrical connecting bolt forms a form fit and/or force fit with at least one part of the at least one drive train that acts about the longitudinal axis of the electrical connecting bolt when the electrode arrangement is moveably mounted on the housing in the inserted position.
Poser further teaches an electrical connecting bolt on a rear side of the electrode arrangement ([0071]-[0073], [0087], [0100]; Figure 10—element 412; Figure 21—element 875); wherein the electrical connecting bolt forms a form fit and/or force fit with at least one part of the at least one drive train that acts about the longitudinal axis of the electrical connecting bolt when the electrode arrangement is moveably mounted on the housing in the inserted position ([0101]; Figures 18-21—element 860 & 862; the connecting bolt 875 comprises a coupler 862 that is configured to mate with drive train 860 of the motor drive unit 828; the examiner is considering a mating connection to be a form fit connection).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the electrical connecting bolt and drive unit, as disclosed by Dirk, to include wherein the electrical connecting bolt forms a form fit and/or force fit with at least one part of the at least one drive train that acts about the longitudinal axis of the electrical connecting bolt when the electrode arrangement is moveably mounted on the housing in the inserted position, as taught by Poser, as both references and the claimed invention are directed toward electrosurgical devices with rotating electrode arrangements. As disclosed by Dirk, the electrode arrangement and treatment head are movably mounted to the housing and are coupled to an electric drive unit within the housing such that the drive unit drives a rotary motion of the electrode arrangement and treatment head ([0066], [0140], & [0153]). As disclosed by Poser, the electrode arrangement is operatively coupled to a motor drive such that the electrode arrangement is configured to rotate ([0071]-[0073], [0083], & [0101]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrical connecting bolt and drive unit, as disclosed by Dirk, to include wherein the electrical connecting bolt forms a form fit and/or force fit with at least one part of the at least one drive train that acts about the longitudinal axis of the electrical connecting bolt when the electrode arrangement is moveably mounted on the housing in the inserted position, as taught by Poser, as such a modification would provide for a suitable and known connection between an electrode arrangement and an electric drive unit in the art that is configured to produce the predictable result of rotating an electrode arrangement.
Regarding claim 7, Dirk in view of Poser disclose all of the limitations of claim 1, as described above.
Dirk further discloses wherein the electrode arrangement in the treatment head comprises a flat carrier to which the dielectric is fixed to a dielectric support ([0147], [0148], [0150], & [0151]; Figure 3—element 19; the examiner is considering the flat carrier and the dielectric support to be the carrier 19 which is formed of dielectric) and from which an electrical connecting bolt is led out on a rear side of the flat carrier opposite the dielectric ([0154]; Figure 4—element 73).
Regarding claim 8, Dirk in view of Poser disclose all of the limitations of claim 7, as described above.
Dirk further discloses wherein the flat carrier of the treatment head comprises a recess around the electrical connecting bolt on a rear side ([0154]; Figure 4—element 73; the examiner is considering the recess to be an opening of the carrier 19 surrounding the connecting bolt 73), and wherein the flat carrier is connected in a torque-proof manner to at least one part of the at least one drive train when the electrode arrangement is mounted on the housing in an inserted position ([0066] & [0140]; Figure 1—element 59; it is the examiners position that the carrier 19 would be connected to the drive train 59 in a torque-proof matter in order allow the carrier 19 to rotate upon actuation of the electric drive unit).
Regarding claim 11, Dirk in view of Poser disclose all of the limitations of claim 1, as described above.
Dirk further discloses wherein the treatment surface of the dielectric comprises a spacer with elevations and with depressions between the elevations forming a gas space ([0060] & [0061]).
Regarding claim 13, Dirk in view of Poser disclose all of the limitations of claim 1, as described above.
Dirk further discloses wherein the high-voltage stage is connected to or configured to be connected to an external energy source ([0004] & [0165]).
Regarding claim 14, Dirk in view of Poser disclose all of the limitations of claim 1, as described above.
Dirk further discloses wherein the electrode arrangement is mounted in the housing in either a rotating manner, a rotationally oscillating manner, in a manner that allows for translational movement, and/or a manner that allows for vibrational movement ([0016], [0054], [0066], [0140], [0153], & [0154]; Figure 4—element 15; the head 15 includes the entire electrode arrangement 5; the head 15 is rotatably moveable via the drive unit, as the head includes the electrode arrangement it is the examiners position that the electrode arrangement would also be rotatably movable in response to the drive unit; the examiner notes that rest “a manner that allows for translational movement, and/or a manner that allows for vibrational movement” are in the alternative).
Regarding claim 17, Dirk in view of Poser disclose all of the limitations of claim 1, as described above.
Dirk further discloses the treatment surface of the dielectric has a spacer with elevations and depressions between them for forming a gas space ([0060] & [0061]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Dirk in view of Poser and Wandke et al. (previously presented-US 20200170098 A1), hereinafter “Wandke”.
Regarding claim 4, Dirk in view of Poser disclose all of the limitations of claim 1, as described above.
Dirk further discloses an inserted position of the electrode arrangement in the housing ([0153] & [0154]; Figure 4—element 15/45).
Dirk does not disclose at least one position sensor to detect the inserted position of the electrode arrangement in the housing, wherein the high-voltage stage is switched off unless the inserted position is detected by the at least one position sensor.
Wandke teaches an electrode arrangement ([0031] & [0032]; Figure 1A—element 1) coupled to a housing comprising a high-voltage stage ([0036] & [0040]; Figure 1A—element 10), and at least one position sensor to detect the inserted position of the electrode arrangement in the housing, wherein the high-voltage stage is switched off unless the inserted position is detected by the at least one position sensor ([0005], [0006], [0013], & [0052]; Figure 10—elements 44; optical reading instruments may sense when the electrode assembly is inserted into the housing).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the connection between the electrode arrangement and the housing, as disclosed by Dirk, to further include at least one position sensor to detect the inserted position of the electrode arrangement in the housing, wherein the high-voltage stage is switched off unless the inserted position is detected by the at least one position sensor, as taught by Wandke, as both references and the claimed invention are directed toward electrode arrangements for generating a dielectric barrier discharge plasma that are removably coupled to the housing. As disclosed by Dirk, the electrode arrangement is detachably and replaceably connected to the housing ([0153]). As disclosed by Wandke, the electrode arrangement may be mounted to the housing by a releasable connection, such that the housing can be used with different electrode arrangements and sizes in order to provide treatment to areas of different sizes, the housing may comprise sensors to that determine when the electrode assembly is inserted into the housing so that the voltage supply can be controlled as a function of the recognized electrode assembly ([0005], [0006], [0013], & [0052]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the connection between the electrode arrangement and the housing, as disclosed by Dirk, to further include at least one position sensor to detect the inserted position of the electrode arrangement in the housing, wherein the high-voltage stage is switched off unless the inserted position is detected by the at least one position sensor, as taught by Wandke, as such a modification would allow for the voltage supply to be controlled as a function of the recognized inserted electrode assembly.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Dirk in view of Poser and Wandke et al. (previously presented-US 20150216026 A1), hereinafter “Wandke026”.
Regarding claim 9, Dirk in view of Poser disclose all of the limitations of claim 7, as described above.
Dirk does not disclose wherein the electrical connecting bolt is at least partially surrounded by an electrically insulating cover.
Wandke026 teaches an electrode arrangement for generating a dielectric barrier plasma discharge comprising an electrode arrangement ([0016]; Figure 1—element 7) coupled to a housing ([0015]; Figure 1—element 1), wherein the electrode arrangement in the treatment head comprises a flat carrier ([0016]; Figure 1—element 7), from which the electrical connecting bolt is led out ([0019]; Figure 1—element 17), wherein the electrical connecting bolt is at least partially surrounded by an electrically insulating cover ([0019]; Figure 1—element 19).
A person of ordinary skill in the art, before the effective filing date of the claimed invention would have been motivated to modify the electrical connecting bolt, as disclosed by Dirk, to include wherein the electrical connecting bolt is at least partially surrounded by an electrically insulating cover as taught by Wandke026, as both references and the claimed invention are directed toward electrode arrangements for generating a dielectric barrier plasma discharge. As disclosed by Wandke026, the electrical connecting bolt can further be surrounded by an insulating cover which prevents abutment between the electrical connecting bolt and the dielectric support ([0008] & [0019]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrical connecting bolt, as disclosed by Dirk, to include wherein the electrical connecting bolt is at least partially surrounded by an electrically insulating cover as taught by Wandke026, as such a modification would prevent abutment between the electrical connecting bolt and the dielectric support.
Claims 10, 12, 15, & 16 are rejected under 35 U.S.C. 103 as being unpatentable over Dirk in view of Poser and Brannan et al. (previously presented-US 20110077636 A1), hereinafter “Brannan”.
Regarding claims 10, 15, & 16, Dirk in view of Poser disclose all of the limitations of claim 1, as described above.
Dirk does not disclose wherein the dielectric of the electrode arrangement is formed at least partially from a gel-like material (claim 10); wherein the gel-like material is a polyurethane gel (claim 15); wherein the polyurethane gel is produced from the reaction of at least one polyol with at least one suitable isocyanate, and wherein a disperse phase of the gel mobilized in the reaction is formed by the at least one polyol (claim 16).
Brannan teaches an electrosurgical device for treating a skin surface ([0009]) comprising a dielectric ([0046]; Figure 1—element 142); the dielectric of the electrode arrangement is formed at least partially from a gel-like material (claim 10); wherein the gel-like material is a polyurethane gel (claim 15); wherein the polyurethane gel is produced from the reaction of at least one polyol with at least one suitable isocyanate, and wherein a disperse phase of the gel mobilized in the reaction is formed by the at least one polyol (claim 16) ([0046]-[0047]; the dielectric may comprise a polymer based gel, such as polyurethane; the examiner notes that the limitation “wherein the polyurethane gel is produced from the reaction of at least one polyol with at least one suitable isocyanate, and wherein a disperse phase of the gel mobilized in the reaction is formed by the at least one polyol” is a product-by-process limitation and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself, the patentability of a product does not depend on its method of production, if the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985); as Brannan teaches the end product of the polyurethane gel, Brannan teaches the claim limitations as the patentability of the product does not depend on its method of production).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the dielectric material, as disclosed by Dirk, to include wherein the dielectric material is formed at least partially from a polyurethane gel, as taught by Brannan, as both references and the claimed invention are directed toward electrosurgical devices comprising dielectric insulators. As disclosed by Dirk, the electrode is surrounded by a dielectric material ([0012]). As disclosed by Brannan, a dielectric material may be a polymer-based gel, such as polyurethane, to avoid heat damage to the surface of the tissue ([0046]-[0047]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dielectric material, as disclosed by Dirk, to include wherein the dielectric material is formed at least partially from a polyurethane gel, as taught by Brannan, as such a modification would provide for a known and suitable dielectric material for an electrosurgical device that produces the predictable result of aiding in avoiding heat damage to the surface of the tissue, and further it would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the dielectric material is formed at least partially from a polyurethane gel, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 12, Dirk in view of Poser and Brannan disclose all of the limitations of claim 10, as described above.
Dirk further discloses an electric energy store in the housing that is configured to supply the high-voltage stage with electrical energy ([0137] & [0154]; Figure 3—element 61).
Conclusion
Accordingly, claims 1-17 are rejected.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schwarz et al. (US 20170348539 A1) teaches that combined movement (massage) and non-thermal plasma delivery, to accelerate blood flow that increases the complex dielectric constant of the surface and increases penetration of such layer by RF waves ([0021]). Lee et al. (US 20230084740 A1) discloses an electrode arrangement configured to vibrate in order to generate a massage effect on skin ([0110]).
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARINA D TEMPLETON whose telephone number is (571)272-7683. The examiner can normally be reached M-F 8:00am to 5:00pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Stoklosa can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.D.T./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights