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 04/27/2026 has been entered. Claims 2 and 4-11 have been canceled, and new claim 21 has been added. Claims 1, 3 and 12-21 remain pending in the application. Applicant’s amendments to the specification and drawings have overcome each and every objection previously set forth in the Non-Final Office Action mailed 01/30/2026.
Response to Arguments
Applicant’s arguments with respect to claim 1 and claims dependent therefrom 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.
Claim Objections
Claim 1 is objected to because of the following informalities:
“…at from 0.1 mm to 13 mm…” should be corrected to:
“…at a depth of from 0.1 mm to 13 mm…”
Appropriate correction is required.
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 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Choi (US20180055478) in view of Slayton (US20160016015), Emery (US20220023670), Kang (KR102081027; translation provided), and Fu (“Low-Intensity Pulsed Ultrasound Induced Enhanced Adipogenesis of Adipose-Derived Stem Cells”).
Regarding claim 1, Choi teaches an ultrasound generation device (10) (Figs. 1-5, Abstract, [0063], [0069]) comprising:
an ultrasound generator (200, 314) configured to irradiate ultrasound to skin by generating one or more focal points (30) of the irradiated ultrasound at from 0.1 mm to 13 mm beneath a surface of the skin (Figs. 1 & 4a, [0067], [0069], [0082], “…a thermal focal point 30 of focused ultrasound is about 8.0 mm to 12.0 mm and an irradiation depth of focused ultrasound from skin surface is about 11.0 mm to 15.0 mm”), the ultrasound generator being capable of switching between ([0074], “The treatment transducer 314 may be set to irradiate focused ultrasound at predetermined intervals so that thermal focal points 12 form a plurality of dots along the same line, or may be set to irradiate focused ultrasound so that the thermal focal points 12 form a straight line without intervals”):
(i) a dot-type focal mode in which focal points are generated at a nonzero interval between adjacent focal points while the ultrasound generator moves horizontally ([0074]), or
(ii) a line-type focal mode in which there is no distance between adjacent focal points ([0074]); and
a controller (120) configured to control an operation of the ultrasound generator (200) (Fig. 1, [0067-0069]) by causing the ultrasound generator (200) to apply ultrasound energy corresponding to:
(b) a fat reduction mode (Fig. 5, Abstract, [0066], [0069-0070], [0082], wherein applying focused ultrasound for reducing/removing subcutaneous fat comprises applying ultrasound energy corresponding to a fat reduction mode)
However, Choi fails to teach wherein the controller is configured to switchably control an operation of the ultrasound generator by causing the ultrasound generator to apply ultrasound energy corresponding to one mode selected from: (b) a fat reduction mode or (c) an elastic fiber increase mode for a skin layer.
In an analogous ultrasound therapy field of endeavor, Slayton teaches such a feature. Slayton teaches an ultrasound probe (105) configured to deliver ultrasound energy (120) to a region of interest (ROI) ([0081-0083], [0087]). Slayton teaches wherein the ultrasound probe (105) is configured to provide a cosmetic effect to a targeted skin surface ([0095]). Slayton teaches a method of cosmetic enhancement (100) which includes targeting a ROI (12) and directing ultrasound energy thereto (14) (Fig. 1, [0049-0050]). Slayton teaches a cosmetic effect may be produced via delivering the ultrasound energy (Fig. 1, [0060-0061]); Slayton teaches the ultrasound energy is configured to produce a cosmetic/biological effect ([0004-0005]). Slayton teaches the cosmetic effect may include reducing fat, increasing skin elasticity, and/or increasing collagen in tissue ([0060-0061]). Slayton therefore teaches wherein the delivered ultrasound energy may be configured to reduce fat or be configured to increase collagen/increase skin elasticity. Slayton thus teaches wherein a controller of the ultrasound probe (105) is configured to switchable be controlled to deliver ultrasound energy corresponding to: (b) a fat reduction mode and (c) an elastic fiber increase mode (increase collagen/skin elasticity).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Choi to have the ultrasound probe be configured to produce a variety of cosmetic effects such as fat reduction and increase in collagen/skin elasticity as taught by Slayton (Fig. 1, [0004], [0060-0061], [0081-0083], [0095]). Having the ultrasound probe be configured to produce a variety of cosmetic effects would predictably improve the device’s versatility.
However, the modified combination noted above fails to teach wherein the fat reduction mode is in which the ultrasound energy is applied in a second range of between 0.2 J and 0.6 J to a fat layer or to a sub dermis layer, or the ultrasound energy is applied in a third range of from 0.1 J to 0.6 J to the fat layer or to the sub dermis layer.
In an analogous ultrasound treatment device field of endeavor, Emery teaches such a feature. Emery teaches an ultrasound therapy system (20) including a probe (100) and ultrasound transducers ([0080-0081]). Emery teaches providing ultrasound energy via the ultrasound transducers ([0185]). Emery teaches acoustic energy may be produced for submental fat (e.g. double chin fat) ([0185], wherein submental fat comprises a fat layer, and treating submental fat comprises fat reduction). Emery teaches wherein the ultrasound energy applied may be in a range less than about 3 J, for example 0.25 J, 0.45 J, and 0.5 J ([0185]). Moreover, Emery teaches wherein the ultrasound system is adapted to achieve fat reduction ([0189]). Emery therefore teaches applying ultrasound energy in a range of 0.2 J to 0.6 J and is applied to a fat layer (submental fat) for fat reduction.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Choi to apply ultrasound with an energy of 0.25, 0.45, or 0.5 J to submental fat for fat reduction as taught by Emery ([0185], [0189]). The ultrasound energy applied to submental fat may help get a person’s chin or neck fat, thereby providing a cosmetic benefit.
However, the modified combination noted above fails to teach wherein the elastic fiber increase mode for a skin layer is in which the ultrasound energy is applied in the second range to a dermis layer.
In an analogous ultrasound treatment device field of endeavor, Kang teaches such a feature. Kang teaches an ultrasound lifting mask (10) configured to apply ultrasound energy to the skin to promote formation of collagen and elastin, thereby enhancing the lifting effect on wrinkles and sagging skin that have lost elasticity ([0001], [0018]). Kang teaches the mask (10) includes probe member (30) comprising a plurality of ultrasound probes (30a, 30b, 30c, 30d, 30e) (Fig. 1, [0018], [0023]). Kang teaches wherein the probes are configured to produce ultrasound energy between 0.1 J and 0.35 J to layers of the dermis ([0062-0066], [0069], wherein 30a & 30b produces 0.1-0.2 J, 30c produces 0.25-0.35 J, and 30d & 30e produces 0.2-0.3 J). Kang teaches the provided ultrasound energy promotes formation of collagen and elastin which results in the skin lifting ([0029]), [0043], [0045], [0069]). Kang therefore teaches providing ultrasound energy in a range of 0.2 J to 0.6 J to a dermis layer for elastic fiber increase (promotion of collagen/elastin formation).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Choi to have apply between 0.1 J to 0.35 J of ultrasound energy to areas of the face as taught by Kang (Fig. 1, [0062-0066], [0069]). This amount of energy provided may facilitate collagen and elastin formation, thereby producing a lifting effect on facial skin as recognized by Kang ([0029], [0043], [0045], [0069-0070]).
However, the modified combination noted above fails to teach a (a) fat increase mode in which ultrasound energy is applied to a fat layer.
In an analogous use of ultrasound for the treatment of fat field of endeavor, Fu teaches such a feature. Fu teaches applying low-intensity pulsed ultrasound (LIPUS) on adipose-derived stem cells (ASCs) (Abstract). Fu teaches that LIPUS induced enhanced adipogenesis of ASCs by increasing expression of adipogenic genes (Abstract, Page 318, paragraph above “Acknowledgements”). Fu therefore teaches wherein the application of ultrasound energy may increase fat, via inducing adipogenesis.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Choi to further include a fat increase mode and apply low-intensity ultrasound to a fat layer to induce adipogenesis as taught by Fu (Abstract, Page 318, paragraph above “Acknowledgements”). By inducing adipogenesis, fat in certain areas of the body, e.g. the butt, may be increased, thereby providing a cosmetic benefit. Moreover as adipose-derived stem cells (ASCs) are located in the fat layer, Choi modified by the teachings of Fu to apply ultrasound to ASCs would predictably result wherein the specific ultrasound energy is applied to a fat layer, resulting in a fat increase via induction of adipogenesis. Because Choi in view of Slayton above teaches modes for fat reduction and elastic fiber increase, Choi in view of Slayton further modified by the teachings of Fu to have the device be further configured for fat increase would predictably result in a selectable third mode for fat increase.
However, the modified combination noted above fails to explicitly teach wherein the ultrasound energy applied is in a first range of from 0.1 J to 0.2 J for the fat increase mode.
While Choi in view of Fu fails to teach such a feature, it would have still been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Choi in view of Fu to have the specified ultrasound energy be in a range of 0.1 J to 0.2 J for fat increase. Choi in view of Fu teaches applying ultrasound to a fat layer for fat increase via induction of adipogenesis. Choi in view of Fu therefore teaches a similar invention which is claimed except for the amount of ultrasound energy applied. The amount of ultrasound energy applied is a result-effective variable since the amount is correlated with the amount of mechanical stimuli/exposure applied, which may induce adipogenesis as taught by Fu (Page 318). The claimed range of 0.1 J to 0.2 J is therefore merely an optimum or workable range in which an ordinarily skilled artisan may arrive at through routine experimentation or optimization. There is no evidence disclosed of the 0.1 J to 0.2 J range being critically important other than for fat increase which Choi in view of Fu teaches, nor that the range yields unexpected results. See MPEP §2144.05 (II), “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation”. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1995).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20180055478) in view of Slayton (US20160016015), Emery (US20220023670), Kang (KR102081027; translation provided), and Fu (“Low-Intensity Pulsed Ultrasound Induced Enhanced Adipogenesis of Adipose-Derived Stem Cells”) as applied to claim 1 above, and further in view of Pahk (US20220387826).
Regarding claim 3, Choi in view of Slayton, Emery, Kang, and Fu teaches the invention as claimed above in claim 1.
However, Choi fails to teach wherein the ultrasound energy has a frequency in a frequency range of 2 MHz to 20 MHz.
In an analogous ultrasound therapy field of endeavor, Pahk teaches such a feature. Pahk teaches using focused ultrasound to reduce fat, tighten the skin, and regenerating collagen/elastin fibers ([0048], [0050], [0065]). Pahk teaches the focused ultrasound is controlled to have a frequency of 0.1 to 30 MHz (Claim 1, [0016]). Pahk therefore teaches wherein the ultrasound energy delivered has a frequency in a frequency range of 2 to 20 MHz.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Choi to have the ultrasound be configured to be controlled to have a frequency between 0.1 to 30 MHz as taught by Pahk (Claim 1, [0016]). Fat may be removed using a frequency between 0.1 to 30 MHz as recognized by Pahk ([0064-0065]).
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20180055478) in view of Slayton (US20160016015), Emery (US20220023670), Kang (KR102081027; translation provided), and Fu (“Low-Intensity Pulsed Ultrasound Induced Enhanced Adipogenesis of Adipose-Derived Stem Cells”) as applied to claim 1 above, and further in view of Domankevitz (US20160030772).
Regarding claim 12, Choi in view of Slayton, Emery, Kang, and Fu teaches the invention as claimed above in claim 1.
Choi further teaches wherein the controller is configured to control the ultrasound generator (314) to perform a first movement and a second movement different from the first movement ([0074], [0084], wherein the transducer 314 is configured to move or reciprocate back and forth, movement backwards comprising a first movement and movement forward comprising a second movement different from the first movement).
However, Choi fails to teach wherein the controller is configured to control the ultrasound generator to switch from operating in the fat mode reduction during the first movement to operating in the elastic fiber increase mode in the second movement different from the first movement.
In an analogous ultrasound therapy field of endeavor, Domankevitz teaches such a feature. Domankevitz teaches controlling an ultrasound generator/transducer (202) to sequentially target a dermis layer for skin tightening and then a fat layer for fat reduction, thus teaching wherein the controller may control the ultrasound generator to switch between fat reduction and skin tightening operations (Fig. 5, [0013], [0032], [0035-0036], [0043]). Domankevitz teaches skin tightening is achieved by producing new collagen ([0006]), therefore teaching wherein the skin tightening operation comprises an elastic fiber increase mode. Domankevitz therefore teaches controlling an ultrasound generator to switch between operating in a fat mode reduction and operating in an elastic fiber increase mode.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Choi to switch between operating in a fat mode reduction and elastic fiber increase mode as taught by Domankevitz (Fig. 5, [0006], [0013], [0032], [0035-0036], [0043]). By switching modes, both effects, i.e. fat reduction and skin tightening, may predictably be achieved or performed. Choi above teaches wherein the ultrasound generator moves back and forth in a reciprocating motion. Therefore, Choi modified by Domankevitz to switch operation modes may predictably result in the operation modes being switched during or between said reciprocating motions, resulting in the controller being configured to control the ultrasound generator to switch from operating in the fat mode reduction during a first movement to operating in the elastic fiber increase mode in a second movement different from the first movement.
Regarding claim 13, Choi in view of Slayton, Emery, Kang, Fu, and Domankevitz teaches the invention as claimed above in claim 12.
Choi further teaches wherein the first movement is a movement from a first position to a second position and the second movement is a movement from the second position to the first position ([0074], [0084], wherein the transducer 314 is configured to move or reciprocate back and forth, the two ends (forward end and backward end) comprising a first and second position).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20180055478) in view of Slayton (US20160016015), Emery (US20220023670), Kang (KR102081027; translation provided), and Fu (“Low-Intensity Pulsed Ultrasound Induced Enhanced Adipogenesis of Adipose-Derived Stem Cells”) as applied to claim 1 above, and further in view of Desilets (US20060122509).
Regarding claim 16, Choi in view of Slayton, Emery, Kang, and Fu teaches the invention as claimed above in claim 1.
However, Choi fails to teach wherein the controller is configured to control the ultrasound generator to switch from using the dot-type focal mode during a first movement to using the line-type focal mode during a second movement different from the first movement.
In an analogous ultrasound treatment device field of endeavor, Desilets teaches such a feature. Desilets teaches a HIFU ultrasound transducer (T) configured to move across a patient’s skin surface (2) (Fig. 1, [0041]). Desilets teaches wherein the transducer may operate as both a linear type (continuous wave mode) and as a dot type (pulse wave mode) during treatment (Fig. 5C, [0044]). Desilets teaches the transducer moves incrementally from one scan line to the next ([0044]). As shown by figure 5C, dots and lines are formed by a plurality of different movements, i.e. across different scan lines, including first and second movements (or scan lines) (Fig. 5C). Desilets teaches forming a combination of dots (10d) and lines (10c) by alternating operating as linear type and dot type during movement (Fig. 5C, [0044]). Desilets therefore teaches wherein the ultrasound generator operates a linear type ultrasound generator during a first movement and as a dot type ultrasound generator during a second movement different from the first movement.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Choi to alternate or switch between dot-type and line-type focal modes during treatment movement as taught by Desilets (Fig. 5C, [0044]). By alternating or switching between dot and linear types, uniformity of treatment may be improved as applying linear type may help smoothen out the treatment dosage while dot type targets specific points. Moreover, incorporating dot type may prevent overheating compared to continually operating as linear/continuous type.
Regarding claim 17, Choi in view of Slayton, Emery, Kang, Fu, and Desilets teaches the invention as claimed above in claim 16.
Choi further teaches wherein the first movement is a movement from a first position to a second position and the second movement is a movement from the second position to the first position ([0074], [0084], wherein the transducer 314 is configured to move or reciprocate back and forth, the two ends (forward end and backward end) comprising a first and second position).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20180055478) in view of Slayton (US20160016015), Emery (US20220023670), Kang (KR102081027; translation provided), and Fu (“Low-Intensity Pulsed Ultrasound Induced Enhanced Adipogenesis of Adipose-Derived Stem Cells”) as applied to claim 1 above, and further in view of Pahk (US20220387826) and Hall (US5460595).
Regarding claim 20, Choi in view of Slayton, Emery, Kang, and Fu teaches the invention as claimed above in claim 1.
However, Choi fails to teach wherein the ultrasound generator is configured to irradiate the ultrasound with a frequency between 2 MHz to 20 MHz.
In an analogous ultrasound therapy field of endeavor, Pahk teaches such a feature. Pahk teaches using focused ultrasound to reduce fat, tighten the skin, and regenerating collagen/elastin fibers ([0048], [0050], [0065]). Pahk teaches the focused ultrasound is controlled to have a frequency of 0.1 to 30 MHz (Claim 1, [0016]). Pahk therefore teaches wherein the ultrasound energy delivered may have any frequency in a frequency range of 2 to 20 MHz (Pahk teaches an overlapping range).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Choi to have the ultrasound be configured to be controlled to have a frequency between 0.1 to 30 MHz as taught by Pahk (Claim 1, [0016]). Fat may be removed using a frequency between 0.1 to 30 MHz as recognized by Pahk ([0064-0065]).
However, the modified combination noted above fails to explicitly teach wherein the ultrasound generator is configured to switchably irradiate the ultrasound at different frequencies.
In an analogous ultrasound therapy field of endeavor, Hall teaches a multi-frequency ultrasound therapy system (Title). Hall teaches an ultrasound transducer configured to provide at least three different output frequencies (Abstract, Column 4 lines 41-45). Hall teaches the frequencies are user-selectable frequencies (Abstract, Claim 1, Column 1 lines 5-10). Hall therefore teaches wherein an ultrasound generator is configured to switchably irradiate at different select frequencies.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Choi to have the ultrasound generator be configured to switchably irradiate ultrasound at several different frequencies as taught by Hall (Abstract, Claim 1, Column 1 lines 5-10, Column 4 lines 41-45). By having the ultrasound generator be configured to provide ultrasound therapy at different frequencies, the therapy may be applied to different tissue depths as a result as recognized by Hall (Column 4 lines 41-45).
However, the combination noted above fails to explicitly teach wherein the frequencies are selected specifically from: 2 MHz, 4 MHz, 5.5 MHz, 7 MHz, 10 MHz, or 20 MHz.
While the combination noted above fails to explicitly disclose the frequency options being 2 MHz, 4 MHz, 5.5 MHz, 7 MHz, 10 MHz, or 20 MHz, it would have still been obvious to one of ordinary skill in the art to have modified the combination noted above to have the said frequencies be switchable thereto. Pahk above teaches a range 0.1 to 30 MHz which overlaps the claimed frequency options. Moreover, Hall above teaches switching between specific frequencies. Choi in view of Pahk and Hall thus teaches the claimed invention except for the specific frequency options. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). Moreover, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP § 2144.05. Ultrasound frequency is a result-effective variable as the ultrasound frequency affects treatment depth, as taught by Hall above (Column 4 lines 41-45). An ordinarily skilled artisan may thus arrive at the claimed frequency options through routine experimentation by optimizing for treatment depth. The claimed frequency options (2, 4, 5.5, 7, 10, and 20 MHz) are not disclosed to be critical nor yield unexpected results.
Allowable Subject Matter
Claims 14-15 and 18-19 are allowed.
Claim 21 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Within the context of claims 14 and 18 the prior art of record does not teach or reasonably suggest to the ordinarily skilled artisan “wherein the controller is configured to control the ultrasound generator to apply 0.1 J to 0.6 J of ultrasound energy to a fat layer during the first movement and to apply 0.2 J to 0.6 J of ultrasound energy to a dermis layer during the second movement”.
The most relevant prior arts are Choi (US20180055478), Desilets (US20060122509), and Domankevitz (US20160030772). Choi teaches an ultrasound generation device (200) configured to irradiate ultrasound for treatment, particularly for fat reduction (Figs. 1 & 4, [0067], [0069], [0072], [0082]). Choi teaches wherein the ultrasound generator (314) may operate as a dot type in which a plurality of dots are formed via focusing of ultrasound at predetermined intervals and as a linear type in which ultrasound is continuously radiated such that thermal focal points form a straight line without intervals ([0074]). Choi further teaches wherein the ultrasound generator (314) is configured to linearly reciprocate back and forth ([0074], [0084]), thereby producing first and second movements. Desilets teaches wherein the ultrasound generator/transducer may alternate between operating as dot type and linear type ([0044]). Therefore, Choi modified by the teachings of Desilets would result wherein the ultrasound generator may operate as one type during a first movement and as the other type during a second movement as the ultrasound generator linearly reciprocates or moves back and forth. Domankevitz teaches controlling the ultrasound generator/transducer (202) to sequentially target the dermis layer for skin tightening and then the fat layer for fat reduction (Fig. 5, [0013], [0032], [0035-0036], [0043]). However, Domankevitz fails to teach wherein the ultrasound generator operates as either a dot type nor a linear type as described by the invention. Therefore, modifying the combination of Choi and Desilets further with the teachings of Domankevitz to target the fat layer during the first movement in which the generator operates as a linear or dot type and the dermis layer during a second movement in which the generator operates as the other type would be improper. The prior arts cited herein thus fail to teach to a reasonably skilled artisan to target a fat layer during a first movement in which the ultrasound generator operates as either a linear type or dot type and to target a dermis layer during a second movement in which the ultrasound generator operates as the other type.
Within the context of claim 21, the prior art of record does not teach or reasonably suggest to the ordinarily skilled artisan “wherein the controller is configured to control the ultrasound generator to switch from using the dot-type focal mode during the first movement to using the line-type focal mode during the second movement when switching the operation of the ultrasound generator from the fat reduction mode to the elastic fiber increase mode”.
The most relevant prior arts are Choi (US20180055478), Desilets (US20060122509), and Domankevitz (US20160030772). Choi teaches an ultrasound generator (314) configured to linearly reciprocate back and forth ([0074], [0084]), thereby producing first and second movements. Desilets teaches wherein the ultrasound generator/transducer may switch between operating as dot-type and linear-type focal modes ([0044]). Therefore, Choi modified by the teachings of Desilets would result wherein the ultrasound generator may be configured to operate as one type of focal mode during a first movement and as the other type of focal mode during a second movement as the ultrasound generator linearly reciprocates or moves back and forth. Domankevitz teaches controlling the ultrasound generator/transducer (202) to sequentially target the dermis layer for skin tightening and then the fat layer for fat reduction (Fig. 5, [0013], [0032], [0035-0036], [0043]). Domankevitz teaches wherein skin tightening involves producing new collagen in the dermis layer ([0006]), thus teaching a fat reduction mode and an elastic fiber increase mode. However, Domankevitz fails to teach wherein ultrasound generator operates as a dot-type focal mode for fat reduction and a line-type focal mode for elastic fiber increase. The prior arts of record fail to teach a relation between the two different focal modes with fat reduction and elastic fiber increase (skin tightening) and thus would fail to teach a reasonably skilled artisan to associate the dot-type focal mode with fat reduction and to associate the line-type focal mode with elastic fiber increase and switching between the two modes.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TOMMY T LY whose telephone number is (571) 272-6404. The examiner can normally be reached M-F 12:00pm-8:00pm eastern time.
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/TOMMY T LY/ Examiner, Art Unit 3797
/ANHTUAN T NGUYEN/ Supervisory Patent Examiner, Art Unit 3795
7/11/26
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