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 .
Election/Restrictions
Claims 9-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/20/2026. Claims being examined are group I: claims 1-8.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5 & 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-3 of U.S. Patent No. 12544582. Although the claims at issue are not identical, they are not patentably distinct from each other, see chart and reasonings below.
Current application: 18/714,626
U.S. PATENT: 12,544,582
Claim 1: An anti-burn RF electrode cartridge for skin care and treatment, the anti-burn RF electrode cartridge comprising: a tip part on a bottom of which an RF electrode assembly configured to apply RF energy into skin is positioned; and a cartridge casing having an opening at a lower portion at which the tip part is positioned, wherein the RF electrode assembly positioned to cover the entire bottom of the tip part and extend to an outer surface of the tip part, thereby surrounding the outer surface of the tip part
Claim 1: An RF electrode cartridge for skin beauty care treatment, the cartridge comprising: a cartridge casing; and an RF electrode body positioned on one surface of the cartridge casing and being brought into contact with skin to apply RF energy inside the skin, wherein the cartridge casing includes: a first casing part on one surface of which the RF electrode body is positioned;
Claim 2: wherein the RF electrode body comprises: an RF electrode member positioned on one surface of the first casing part and provided in a curved convex surface as a conductor to apply RF energy to the skin;
Claim 2: The anti-burn RF electrode cartridge of claim 1, wherein the RF electrode assembly comprises: a contact electrode part covering the entire bottom of the tip part; and a side electrode part connected to the contact electrode part and formed to surround a side of the tip part.
Claim 2: The cartridge of claim 1, wherein the RF electrode body comprises: an RF electrode member positioned on one surface of the first casing part and provided in a curved convex surface as a conductor to apply RF energy to the skin;
Claim 3: The anti-burn RF electrode cartridge of claim 2, wherein the contact electrode part and the side electrode part have an integrally connected structure, and an edge of the RF electrode assembly is positioned to face up on the outer surface of the tip part.
Claim 2: The cartridge of claim 1, wherein the RF electrode body comprises: an RF electrode member positioned on one surface of the first casing part and provided in a curved convex surface as a conductor to apply RF energy to the skin;
Claim 4: The anti-burn RF electrode cartridge of claim 1, wherein the RF electrode assembly is a plating layer integrally formed on the bottom and the outer surface of the tip part through plating.
Claim 3: The cartridge of claim 2, wherein the RF electrode member is a plating layer integrally provided in plating on one surface of the first casing part.
Claim 5: The anti-burn RF electrode cartridge of claim 2, wherein the RF electrode assembly further comprises an insulating film member covering an entire surface of the contact electrode part and covering at least a portion of the side electrode part.
Claim 2: The cartridge of claim 1, wherein the RF electrode body comprises: an RF electrode member positioned on one surface of the first casing part and provided in a curved convex surface as a conductor to apply RF energy to the skin; and an insulation film member covering a surface of the RF electrode member.
Claim 7: The anti-burn RF electrode cartridge of claim 1, wherein the cartridge casing comprises: a first casing part on a surface of which the RF electrode assembly is positioned; a second casing part to which the first casing part is connected to be able to tilt and that has an opening at a lower portion through which the tip part passes; a ball joint part configured to connect the second casing part and the tip part such that the first casing part can freely tilt within 360 degrees; a bellows member of which a first end is connected to the first casing part and a second end is connected to the second casing part and that is positioned to surround the ball joint part and has a plurality of wrinkle parts; and a bellows support frame member positioned at an upper end of the bellows member and formed in a frame structure surrounding an inner periphery of the bellows member.
Claim 1: An RF electrode cartridge for skin beauty care treatment, the cartridge comprising: a cartridge casing; and an RF electrode body positioned on one surface of the cartridge casing and being brought into contact with skin to apply RF energy inside the skin, wherein the cartridge casing includes: a first casing part on one surface of which the RF electrode body is positioned; a second casing part to which the first casing part is connected to be tiltable; a ball joint part connecting the first casing part and the second casing part, thereby allowing the first casing part to be freely tilted for all ranges of 360 angle degrees within a radius of the first casing part; and a bellows member having one end part side connected to the first casing part and an opposite end part side connected to the second casing part, positioned to surround the ball joint part, and provided with a plurality of corrugation parts, wherein the bellows member has one end part side fixed along an outer periphery of the first casing part and an opposite end part side fixed along an outer circumference of the second casing part, thereby surrounding an outer side of the ball joint part positioned in a center at a spaced apart position.
Regarding claim 1, U.S. Patent 12,544,582 discloses a RF electrode cartridge in claim 1. However, it is not stated that it an anti-burn RF electrode cartridge. It would have been obvious to one skilled in the art that while not explicitly stated, to have an RF electrode cartridge that would not burn the skin the RF energy is being applied especially since it is disclosed as a skin treatment apparatus, therefore burning the skin would damage the skin tissue and not be seen as skin treatment. U.S. Patent also does not explicitly disclose the cartridge case having an opening, which again to one skilled in the art, it would be obvious that there would have to be an opening of such for the electrode to be structurally and electrically connected to the casing.
Regarding claim 2, U.S. Patent 12,544,582 discloses an RF electrode member positioned on one surface of the first casing part and provided in a curved convex surface to apply RF energy to the skin. It would have been obvious to one of the skilled art that a curved convex surface would create a button part and a side part in which would surround the side of the tip which is require by current applications claim 2.
Regarding claim 3, U.S. Patent 12,544,582 discloses an RF electrode member positioned on one surface of the first casing part and provided in a curved convex surface to apply RF energy to the skin. It would have been obvious to one of the skilled art that the electrode member sided and contact part are one integrated connected structure since the curved convex surface structure seen in US Patent is going to contain a contact portion with curved convex sides that will face upwards.
Regarding claim 7, U.S. Patent 12,544,582 discloses a RF electrode cartridge in claim 1. . U.S. Patent also does not explicitly disclose the cartridge case having an opening at which the tip passes through. It would have been obvious to one skilled in the art that since the ball joint portion extends into the first casing portion to connect the second casing portion, there would have to be an opening for the ball portion to fit inside of.
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)(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.
Claims 1-7 are rejected under 35 U.S.C 102(a)(2) as being anticipated by LEE et al. (US 12,544,582) herein referred to as Lee.
Regarding claim 1, Lee discloses An anti-burn RF electrode cartridge for skin care and treatment (Abstract, Figure 2, 100), the anti-burn RF electrode cartridge comprising: a tip part on a bottom of which an RF electrode assembly configured to apply RF energy into skin is positioned (Figure 4; 120); and a cartridge casing having an opening at a lower portion at which the tip part is positioned (Figure 4, 111), wherein the RF electrode assembly positioned to cover the entire bottom of the tip part and extend to an outer surface of the tip part (Figure 4, 122), thereby surrounding the outer surface of the tip part (Figure 4, 122; wherein its rounded surface therefore the bottom tip part extends out to a rounded surface surrounding the outer surface of the flat tip).
Regarding claim 2, Lee discloses the anti-burn RF electrode cartridge of claim 1, wherein the RF electrode assembly comprises: a contact electrode part covering the entire bottom of the tip part (Figure 4, 122); and a side electrode part connected to the contact electrode part and formed to surround a side of the tip part (Figure 4, 122; wherein its rounded surface therefore the bottom tip part extends out to a curved side electrode part surrounding the outer surface of the flat tip).
Regarding claim 3, Lee discloses the anti-burn RF electrode cartridge of claim 2, wherein the contact electrode part and the side electrode part have an integrally connected structure (Figure 4, 122), and an edge of the RF electrode assembly is positioned to face up on the outer surface of the tip part (Figure 4, 122; wherein the sides are positions to face up such that its rounded)
Regarding claim 4, Lee discloses the anti-burn RF electrode cartridge of claim 1, wherein the RF electrode assembly is a plating layer integrally formed on the bottom and the outer surface of the tip part through plating (Claim 3).
Regarding claim 5, Lee discloses the anti-burn RF electrode cartridge of claim 2, wherein the RF electrode assembly further comprises an insulating film member covering an entire surface of the contact electrode part and covering at least a portion of the side electrode part (Figure 4. 121).
Regarding claim 6, Lee discloses the anti-burn RF electrode cartridge of claim 2, wherein the RF electrode assembly is connected to an RF signal application wire part configured to apply AC power on the side electrode part (Column 6, lines 4-9).
Regarding claim 7, Lee discloses he anti-burn RF electrode cartridge of claim 1, wherein the cartridge casing comprises: a first casing part on a surface of which the RF electrode assembly is positioned (See annotated figure 4 below; Column 7, lines 60-62); a second casing part to which the first casing part is connected to be able to tilt and that has an opening at a lower portion through which the tip part passes (See annotated Figure 4 below; Column 7 lines 62-63); a ball joint part configured to connect the second casing part and the tip part such that the first casing part can freely tilt within 360 degrees (Figure 4, 140; Abstract); a bellows member of which a first end is connected to the first casing part and a second end is connected to the second casing part and that is positioned to surround the ball joint part and has a plurality of wrinkle parts (Figure 4, 150); and a bellows support frame member positioned at an upper end of the bellows member and formed in a frame structure surrounding an inner periphery of the bellows member (See annotated Figure 4 below).
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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.
Claim 8 is rejected under 35 U.S.C 103 as being unpatentable over Lee in view of KO et al. (US 20190059992) herein referred to as KO.
Regarding Claim 8, Lee discloses the anti-burn RF electrode cartridge of claim 7 wherein the bellows support frame member has a plurality of frame fixing pins protruding on an outer surface thereof (See annotated Figure 4 below). However, Lee does not explicitly disclose a plurality of pin insertion parts in which the frame fixing pins are inserted is provided on the bellows member.
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KO discloses an RF electrode cartridge (Figure 5) comprising a plurality of pin insertion parts in which the frame fixing pins are inserted is provided on an element for connection (Figure 5; wherein pin insertion parts 331 & 332 are wherein frame fixing pins 342 are inserted to allow for element connection). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the bellow member taught by Lee to include pin insertion parts as taught by KO. The motivation being to allow for attachment to an element such that it will not separate (KO, Paragraph [0050]).
Conclusion
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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