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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. The foreign priority date of November 4, 2021 is acknowledged by the examiner.
Information Disclosure Statement
The information disclosure statements (IDS) submitted are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Burns (US Patent No 20090018628).
Regarding claim 1, Burns teaches an RF electrode cartridge (see the energy treatment tip 14 which is releasably coupled to the body 12 and therefore equated to a cartridge, [0028], configured to deliver RF energy, [0029]) comprising a relay for skin cosmetic treatment (wherein the delivery device is connected via a switching element 80, [0053]), the RF electrode cartridge comprising: a cartridge casing (outer shell or housing element 34, [0035]); an RF electrode body positioned on a first surface of the cartridge casing (see energy delivery member 16 which is found on a first surface of the treatment tip 14 and houses the RF electrodes 60, 62, 64 and 66, fig 1), the RF electrode body being brought into contact with skin, and the RF electrode body being configured to apply RF energy inside the skin (the treatment device may be used to apply RF energy through the surface of the skin upon contact, [0004]); the relay mounted in the cartridge casing and electrically connected to the RF electrode body, the relay being configured to control an operation of the RF electrode body (see [0053] in which the switching element is in connection to the electrode elements 60 – 66 and through respective switches 82, 84, 86 and 88 may control the current path and terminals for RF delivery to the body. The switching element may also be found within the treatment tip 14, [0053]); and a relay first connection terminal part for electrically connecting the relay to a control body (the switching element 80 is in electrical connection to the controller element 26, [0053]).
Regarding claim 2, Burns teaches the RF electrode cartridge of claim 1, wherein the RF electrode body comprises: a plurality of RF electrode members spaced apart from each other and positioned on the first surface of the cartridge casing (see energy delivery member 16 which is found on a first surface of the treatment tip 14 and houses a plurality of RF electrodes 60, 62, 64 and 66 spaced apart from each other, fig 1); and an electrode insulation member positioned between the plurality of RF electrode members spaced apart from each other, the electrode insulation member insulating the plurality of RF electrode members (see in which the respective electrodes 60, 62, 64 and 66 are spaced apart and formed within an insulating substrate 68 which maintains insulation between the respective electrodes, [0048], see also fig 4).
Regarding claim 3, Burns teaches the RF electrode cartridge of claim 2, wherein a height of the electrode insulation member is formed lower than each height of the plurality of RF electrode members (according to Burns, [0049], it is understood that those skilled in the art would have the treatment tip 14 assembled so that the energy delivery member 16 containing the electrodes are extending and exposed through the insulating substrate 68 as to maintain skin contact during treatment. Therefore, the insulation member is formed of a lower height than the RF electrodes).
Regarding claim 4, Burns teaches the RF electrode cartridge of claim 1, wherein an electrode control substrate part on which the relay is mounted is positioned in the cartridge casing (see [0053] in which the switching element 80 is in electrical connection to the controller element 26, and in which the switching element in combination with the controller 26 may also be found within the treatment tip 14, [0053]), and the electrode control substrate part is electrically connected to the relay first connection terminal part through a wire or a cable (conductors or wires which are not shown in the figure, may be used to connect the power supply and the controlling element to the delivery member 16 within the treatment tip 14, [0030].
Regarding claim 5, Burns teaches the RF electrode cartridge of claim 1, wherein the RF electrode body comprises a plurality of RF electrode members spaced apart from each other and positioned on the first surface of the cartridge casing (see energy delivery member 16 which is found on a first surface of the treatment tip 14 and houses a plurality of RF electrodes 60, 62, 64 and 66 spaced apart from each other, fig 1), and the relay is provided in a number corresponding to the number of RF electrode members so that the relay individually controls electric power applied to each of the RF electrode members (see [0053] in which the switching element is in connection to the electrode elements 60 – 66 and through respective switches 82, 84, 86 and 88 may control the current path and terminals for RF delivery to the body through the individual RF electrodes).
Regarding claim 9, Burns teaches a handpiece for skin cosmetic treatment (see handpiece 12, [0028]), the handpiece comprising: an RF electrode cartridge comprising an RF electrode body (see the energy treatment tip 14 which is releasably coupled to the body 12 and therefore equated to a cartridge, [0028], configured to deliver RF energy, [0029]) being brought into contact with skin (the treatment device may be used to apply RF energy through the surface of the skin upon contact, [0004]); and a handpiece body casing to which the RF electrode cartridge is coupled (see the mounting socket 15 or casing in which the handpiece 12 uses to attach to the tip member 14, [0028]) such that the RF electrode cartridge is capable of being detached from the handpiece body casing (tip 14 which is releasably coupled to the body 12 and therefore equated to a cartridge, [0028]), the handpiece body casing being connected to a control body (wherein the handpiece 12 may communicate with the controller 26, [0032]), wherein the RF electrode cartridge comprises the RF electrode cartridge comprising the relay for skin cosmetic treatment of claim 1 (see the energy treatment tip 14 which is releasably coupled to the body 12 and therefore equated to a cartridge, [0028]).
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.
Claim(s) 6-8, 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burns (US Patent No 20090018628) in view of Kim (Korean Patent No 102140561).
Regarding claim 6, Burns teaches the RF electrode cartridge of claim 1, wherein the cartridge casing comprises: a first casing part in which the RF electrode body is positioned on a first surface the first casing part (see energy delivery member 16 which is found on a first surface of the treatment tip 14 and houses a plurality of RF electrodes 60, 62, 64 and 66 spaced apart from each other, fig 1);
Burns does not teach a second casing part to which the first casing part is coupled such that the first casing part is capable of being tilted; a ball joint part connecting the first casing part and the second casing part to each other so that the first casing part is capable of being tilted freely at a 360-degree radius; a bellows member having a first end portion connected to the first casing part and having a second end portion connected to the second casing part, the bellows member being positioned such that the bellows member surrounds the ball joint part, and the bellows member being provided with a plurality of corrugated parts; and a bellows supporting frame member positioned at an upper end portion of the bellows member and formed in a frame structure surrounding an inner circumference of the bellows member.
However, the analogous skin treatment RF electrode device which is taught by Kim does disclose a treatment cartridge with a second casing part to which the first casing part is coupled such that the first casing part is capable of being tilted (see second casing part 110b which is connected to the first casing part 110a such that it is tiltably connected, [0064]); a ball joint part connecting the first casing part and the second casing part to each other so that the first casing part is capable of being tilted freely at a 360-degree radius (see in which the first casing portion 110a sits on the ball joint member 140 as to have 360 degree rotation, [0067]) ; a bellows member having a first end portion connected to the first casing part and having a second end portion connected to the second casing part, the bellows member being positioned such that the bellows member surrounds the ball joint part (see a bellow member 150 which surrounds the ball joint member 140, [0072], and such that it connects the first casing part 110a to the second casing part 110b as seen in fig 3), and the bellows member being provided with a plurality of corrugated parts (bellows member 150 may surround the joint portion 140 with a plurality of corrugations, [0070]); and a bellows supporting frame member positioned at an upper end portion of the bellows member and formed in a frame structure surrounding an inner circumference of the bellows member (see the terminal insulation part 114 which naturally acts as a frame member at the upper end of the bellows member 150, seen in fig 3).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the RF electrode cartridge system taught by Burns to contain the second cartridge structure casing part with tiltability and 360-degree rotation as taught by Kim, in order to allow for increased modularity during energy treatment delivery and to allow for increased skin contact during treatment as taught by Kim, [0110].
Regarding claim 7, the combination teaches the RF electrode cartridge of claim 6, wherein a plurality of frame fixing pins protrudes on an outer side surface of the bellows supporting frame member, and a plurality of pin insertion parts into which the plurality of frame fixing pins is inserted is provided in the bellows member (See from Kim, [0107], in which there are movement guide rods 231 positioned as to support the cartridge part through the outer surface of the bellow frame member).
Regarding claim 8, the combination teaches the RF electrode cartridge of claim 1, further comprising a vibration motor unit positioned in the cartridge casing (see from Kim, in which there is a vibration motor unit 160 found within the first cartridge casing 110, [0074]).
Regarding claim 10, the combination teaches the handpiece of claim 9, wherein a cartridge insertion part to which the RF electrode cartridge is inserted and coupled is positioned on a tip end portion of the handpiece body casing (from Kim, see the cartridge insertion portion 200b in which the tip of the cartridge 100 is inserted, [0050]), a cartridge coupling block to which the RF electrode cartridge is coupled so that the cartridge coupling block electrically connects the control body and the RF electrode body to each other is positioned in the cartridge insertion part such that the cartridge coupling block is capable of being moved (see from Kim, in which there is a cartridge coupling block 210 which couples the handpiece body containing the control to that of the RF electrode cartridge 100, and the cartridge block is elastically supported and therefore capable of being moved, [0051]-[0053]), the cartridge coupling block is positioned in a state in which the cartridge coupling block is elastically supported by a spring member for a cartridge (from Kim, the cartridge block is elastically supported and therefore capable of being moved, [0051]-[0053]), an electrode on/off switch configured to turn on/off electric power applied to the RF electrode body is positioned on an upper surface of a cartridge casing (from Burns, see in which there is a switch activation button 30 which is on the upper surface of the cartridge and accessible to the user via handpiece 12, [0034]), the electrode on/off switch comprises a switch button elastically supported by a switch spring, and has a structure in which the electric power applied to the RF electrode body is turned on only when the switch button is in a state in which the switch button is pressed and pushed, and the electric power is turned off when the state in which the switch button is pressed is released (from Burns, see in which a switch activation button 30 is connected to the switching member 80 via the internal part of the tip member 14 to activate the switching circuitry, [0034], which individually activates the respective electrodes 60-66 dependent on which switch relay is open or closed, [0053]), and a protrusion part for pressing a switch protrudes and is positioned inside the cartridge insertion part (from Burns, see in which a switch activation button 30 is connected to the switching member 80 via the internal part of the tip member 14 to activate the switching circuitry, [0034]), and the protrusion part is configured to press and push the electrode on/off switch when the cartridge coupling block is pushed and moved inward (see from Burns, [0034], explaining in which the activation button 30 controls the energy delivery via the internal protrusion connected to the switching member 80, and this is completed via the downward depressed switch from the clinician, and in which energy ceases to be released when the switch is released).
Regarding claim 11, the combination teaches the handpiece of claim 10, wherein a switch mounting protrusion part having an upper portion on which the electrode on/off switch is positioned protrudes and is positioned on the upper surface of the cartridge casing (from Burns, see in which there is a switch activation button 30 which is on the upper surface of the cartridge and accessible to the user via handpiece 12, [0034]), and a protrusion insertion part into which the switch mounting protrusion part is inserted is positioned inside the cartridge insertion part (from Burns, see in which a switch activation button 30 is connected to the switching member 80 via the internal part of the tip member 14 to activate the switching circuitry, [0034]), and the protrusion part for pressing the switch is positioned in the protrusion insertion part such that the protrusion part for pressing the switch faces an upper surface of the switch mounting protrusion part (from Burns, see in which there is a switch activation button 30 which is on the upper surface of the cartridge and accessible to the user via handpiece 12, [0034]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE M BROWN whose telephone number is (703)756-4534. The examiner can normally be reached 8:00-5:00pm EST, Mon-Fri, alternating Fridays off.
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/LINDA C DVORAK/Primary Examiner, Art Unit 3794
/KYLE M. BROWN/Examiner, Art Unit 3794