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 .
Information Disclosure Statement
The information disclosure statement filed February 22, 2025 has been entered and the references cited therein have been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “cartridge housing” and the “handpiece” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 1-12, the “first electrode” and the “second electrode” are recited after a “plurality of first electrodes” and a “plurality of second electrodes.” The plural form of electrodes should be used throughout the claims to avoid indefinite claim language.
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.
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(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko et al. (KR 1020120140639) in view of Morris et al. (U.S. Patent No. 7,422,586).
In regard to claims 1 and 7, Ko et al. teach a therapy device comprised of an electrode unit 220 including first and third electrode modules 221, 223 in contact with the skin and a needle-shaped second electrode module 222 (see Figs. 3 and 5). A high-frequency generation unit 140 is electrically connected to the electrode unit 220 so as to apply high-frequency to the electrode unit 220 (see Figs. 1 and 2). Ko et al. teach a handpiece 200 to which the first, second and third electrode modules 221, 222, 223 are coupled and the electrode modules are moved to be in contact with the skin (electrode modules 221, 223) and/or penetrate the skin (electrode module 222) (see Figs. 3 and 4). A control unit 150 controls the high-frequency generation unit 140 so as to apply a high frequency to the skin when the electrode unit 220 comes into contact with the skin or is inserted into the skin (see Figs. 1 and 2). The second electrode module 222 is provided in a central portion and the first and third electrode modules 221, 223 are provided on a periphery of the second electrode module 222 (see Figs. 3 and 4). See also paras. 0022-0033, 0041, 0056 and 0062. Ko et al. are silent as to a first current of a monopolar type being applied to the second electrode module 222 and a second current of a bipolar type being applied to the first and third electrode modules 221, 223. Ko et al. are also silent as to the control unit 150 controlling the high-frequency generation unit 140 to alternately apply the first and second currents once the device is in position. However, Morris et al. teach similar treatment device with a plurality of electrodes 18 that can be operated in a monopolar mode, a bipolar mode or a combination of both and can be switchable between the two (see Fig. 1 and col. 24, lines 40-42). Morris et al. thus demonstrate that the use of both monopolar and bipolar currents and switching/alternating the currents on a device with electrodes intended to penetrate skin is well known in the art. Accordingly, it would have been obvious for one of ordinary skill in the art at the effective filing date of the invention to provide the control unit 150 and the high-frequency generation unit 140 of Ko et al. with the apply to supply monopolar current to the second electrode module 222 and bipolar current to the first and third electrode modules 221, 223 and to alternate them in order to effectuate optimal skin treatment, in the manner disclosed by Morris et al. In regard to claims 2 and 8, Ko et al. teach a sensing unit 230 capable of sensing the impedance of the skin, where the control unit 150 controls the frequency or output of the high-frequency energy applied to the skin through the first to third electrode modules 221-223 according to the impedance sensed by the sensing unit 230 (see paras. 0035 and 0036). In regard to claims 3-6 and 9-12, see paras. 0035-0036 and 0059 of Ko et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEVERLY MEINDL FLANAGAN whose telephone number is (571)272-4766. The examiner can normally be reached Mon-Fri 7:30AM to 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at (303) 297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BEVERLY M FLANAGAN/Primary Examiner, Art Unit 3794
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