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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/28/2025 is being considered by the examiner.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeom et al. (KR 101401133 B1) herein referred to as “Yeom” in view of Stumber et al. (US 20120004614 A1) herein referred to as “Stumber”.
Regarding claim 1, A complex handpiece ([Figure 1]; Handpiece 180) comprising: a housing comprising an internal space and a plurality of holes formed at a front face thereof ([Figure 2A]; Yeom discloses an internal space within handpiece 180 and holes which needles 182b protrude); and a needle assembly located in the internal space of the housing ([Figure 2A]; Yeom discloses needle assembly 182B located within the internal space), and including a plurality of microneedles configured to apply a high-frequency current ([Abstract]; Yeom discloses the microneedles are used to apply high frequency current), the microneedles movable in a longitudinal direction of the housing such that tips of the microneedles are exposed to an outside of the housing through the plurality of holes ([Figure 2A]; Yeom discloses the needles protruding out of holes in the hand piece housing, [Description of embodiments pp 42]; Yeom discloses the needles driven by a means to protrude).
Yeom does not explicitly disclose: the microneedles configured to become longer as being positioned from an outermost edge of the front face of the housing to a central portion of the front face of the housing such that the tips of the microneedles are arranged convexly with the central portion as an apex.
However, Stumber discloses: the microneedles configured to become longer as being positioned from an outermost edge of the front face of the housing to a central portion of the front face of the housing such that the tips of the microneedles are arranged convexly with the central portion as an apex. ([Figure 4B]; Stumber discloses needle array that has the center needle protruding higher than the outermost needles, which is seen as an arranged convexly).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hand piece as disclosed by Yeom with the micro needle array arrangement as disclosed by Stumber. The motivation being to make the piercing process more reliable, effective and stable. ([0018])
Regarding claim 8, A skin care device comprising: a main body including a high-frequency generator configured to generate a high-frequency current; and a handpiece ([Figure 1]; Handpiece 180) combined with the main body, and including a plurality of microneedles ([Figure 2A]; Yeom discloses needle assembly 182B located within the internal space), configured to apply the high-frequency current generated by the high-frequency generator to a skin ([Abstract]; Yeom discloses the microneedles are used to apply high frequency current), the handpiece comprising: a housing combined with the main body, and comprising an internal space and a plurality of holes formed at a front face thereof ([Figure 2A]; Yeom discloses an internal space within handpiece 180 and holes which needles 182b protrude), and a needle assembly located in the internal space of the housing, and including the plurality of microneedles ([Figure 2A]; Yeom discloses needle assembly 182B located within the internal space), the microneedles movable in a longitudinal direction of the housing such that tips of the microneedles are exposed to an outside of the housing through the plurality of holes ([Figure 2A]; Yeom discloses the needles protruding out of holes in the hand piece housing, [Description of embodiments pp 42]; Yeom discloses the needles driven by a means to protrude). Yeom does not explicitly disclose: the microneedles configured to become longer as being positioned from an outermost edge of the front face of the housing to a central portion of the front face of the housing such that the tips of the microneedles are arranged convexly with the central portion as an apex.
However, Stumber discloses: the microneedles configured to become longer as being positioned from an outermost edge of the front face of the housing to a central portion of the front face of the housing such that the tips of the microneedles are arranged convexly with the central portion as an apex. ([Figure 4B]; Stumber discloses needle array that has the center needle protruding higher than the outermost needles, which is seen as a arranged convexly)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hand piece as disclosed by Yeom with the micro needle array arrangement as disclosed by Stumber. The motivation being to make the piercing process more reliable, effective and stable. ([0018])
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeom in view of Stumber further in view of Amir (US 20150209563 A1) herein referred to as “Amir”.
Regarding claim 2, Yeom in view of Stumber disclose: The complex handpiece of claim 1. Stumber further discloses: wherein among the plurality of microneedles, a height difference between the tip of a central microneedle arranged in the central portion of the housing Stumber discloses a difference in needle height ranging from 20% - 50% ([Stumber, 0041]). Yoem in view of Stumber does not explicitly disclose: and the tip of an outermost microneedle arranged in the outermost edge of the housing ranges from 0.5 mm to 1 mm.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hand piece as disclosed by Yeom in view of Stumber with the height difference as further disclosed by Stumber. The motivation being a more reliable, effective and stable piercing process ([Stumber, 0041])
However, Amir discloses: and the tip of an outermost microneedle arranged in the outermost edge of the housing ranges from 0.5 mm to 1 mm. Amir discloses a height of the needles ranging from 0.05 mm to 1 mm ([Amir, 0060]). Taking a height of 1 mm as disclosed by Amir and a height difference of 20% as disclosed by Stumber the height difference is .2 mm which is within the range of .05-1mm.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hand piece as disclosed by Yeom in view of Stumber with the length as disclosed by Amir. The motivation being a more precisely and uniformly fill a line, wrinkle or fold ([Amir, 0147]).
Regarding claim 3, Yeom in view of Stumber disclose: The complex handpiece of claim 1. Yeom in view of Stumber does not explicitly disclose: wherein the plurality of microneedles are arranged in one of a hexagonal pattern, a triangular pattern, or a square pattern.
However, Amir discloses: wherein the plurality of microneedles are arranged in one of a hexagonal pattern, a triangular pattern, or a square pattern. ([0150]; Amir discloses needles arranged in a square pattern)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the complex handpiece as disclosed by Yeom in view of Stumber with the pattern as disclosed by Amir. The motivation being obvious to try choosing from a finite number of shapes with a reasonable expectation of success.
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeom in view of Stumber further in view of Mchale et al. (ES 2315493 T3) herein referred to as “Mchale”.
Regarding claim 4, Yeom in view of Stumber disclose: The complex handpiece of claim 1. Yeom in view of Stumber do not explicitly discloses: further comprising: an ultrasonic unit positioned on the front side of the housing to be spaced apart from the needle assembly, and configured to alternately or simultaneously output first and second ultrasonic energies having different frequencies at predetermined time intervals.
However, Mchale discloses: further comprising: an ultrasonic unit positioned on the front side of the housing to be spaced apart from the needle assembly ([Figure 17]; Ultrasonic applicator assembly 12 located at the head of the apparatus), and configured to alternately or simultaneously output first and second ultrasonic energies having different frequencies at predetermined time intervals. ([Therapeutic ultrasound signal generation circuits, pp 2]; Mchale discloses a multiple different frequencies may be used. [Therapeutic ultrasound signal generation circuits, pp 3]; Mchale discloses that a frequency in the range of 0.1 and 2 can be used. This is seen outputting two different frequencies alternately.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hand piece as disclosed by Yeom in view of Stumber with the ultrasonic applicator as disclosed by Mchale. The motivation being to improve appearance of skin ([Detailed Description]) and handle distribution of ultrasound to treatment site ([Therapeutic Ultrasound Signal Generation Circuitrs]).
Regarding claim 5, Yoem in View of Stumber further in view of Mchale disclose: The complex handpiece of claim 4. Mchale further discloses: wherein the plurality of microneedles are evenly arranged around the ultrasonic unit. ([Figure 17]; Mchale discloses the needles 32 evenly arranged evenly around ultrasonic applicator 12)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hand piece as disclosed by Yeom in view of Stumber further in view of Mchale with the needle arrangement further disclosed by Mchale. The motivation being to treat superficial lesions ([Other Aspects pp10]).
Regarding claim 6, Yoem in view of Stumber further in view of Mchale disclose: The complex handpiece of claim 4. Mchale further discloses: wherein the plurality of microneedles are arranged to surround the ultrasonic unit or arranged at both sides of the ultrasonic unit. ([Figure 17]; Mchale discloses needles 32 surrounding ultrasonic applicator 12).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the handpiece as disclosed by Yeom in view of Stumber further in view of Mchale with the arrangement of needles as further disclosed by Mchlae. The motivation being to treat superficial lesions ([Other Aspects pp10]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeom in view of Stumber further in view of Berube (US 20200305966 A1) herein referred to as “Berube”.
Regarding claim 7, Yeom in view of Stumber disclose: The complex handpiece of claim 1. Yeom in view of Stumber do not explicitly disclose: wherein at least one of the plurality of microneedles is replaced with a needle-shaped temperature sensor configured to detect skin temperature.
However, Berube discloses: wherein at least one of the plurality of microneedles is replaced with a needle-shaped temperature sensor configured to detect skin temperature. ([0051]; Berube discloses a termperture sensor located in a needle of the needle array which is seen as a needle shaped temperature sensor. [0052]; Berube discloses the sensor detecting tissue temperature which is seen as skin temperature)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the handpiece as disclosed by Yeom in view of Stumber with the temperature sensor as disclosed by Berube. The motivation being to precisely control temperature of the treatment area ([0051]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY GEORGE CHA whose telephone number is (571)272-0749. The examiner can normally be reached Monday-Friday 8:30-5:00.
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/CASEY GEORGE CHA/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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