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 .
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.
Claim 9-11 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.
Claim 9 recites the limitation "the pad" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 10-11 depend on claim 9 and therefore are rejected.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 9-11 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Castro (US 20220362529).
Regarding claim 9, Castro discloses a patch for inducing twisting of skin, the pad (fig.10-11; head 114’) comprising: an attachment pad ( rotating wiper 138) closely attached to the skin; a high-frequency application part (main electrode 162) configured to apply a high frequency to the attachment pad [0086]; and a rotation part configured to rotate the attachment pad.
Regarding claim 10, Castro discloses the patch of claim 9, wherein the rotation part rotates the attachment pad in one direction while the attachment pad is closely attached to the skin, and then rotates the attachment pad in an opposite direction [0074].
Regarding claim 11, Castro discloses the patch of claim 10, further comprising: a cylinder having an interior space, in which the attachment pad is fixed, and closely attached to the skin; and a pressure control part configured to form a negative pressure in the interior space, wherein the pressure control part forms the negative pressure in the interior space such that the attachment pad is closely attached to the skin being pulled into the interior space [0096].
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over AHN (US 2022/0183740) in view Castro (US 2022/0362529).
Regarding claim 1, AHN discloses a needle tip for inducing twisting of skin, the needle tip comprising: a tip part including a holder (fig.2; needle unit 120), and a plurality of needles (needle 123 )inserted into the skin to form a plurality of injection holes (fig.4A-4D); a high-frequency application part configured to apply a high frequency to the plurality of needles [0038]-[0040]. AHA does not disclose a rotation part configured to rotate the tip part. Castro teaches a skin treatment device includes a control unit and a hand tool [0011]. The head includes a rotating wiper, a flexible tip of adjustable grits, roughness level and texture for contacting the patient's face, a plurality of nozzles and a plurality of drains. The nozzles are in fluid communication with one or more supply lines and the drains are in fluid communication with a vacuum line and/or a vacuum chamber [0014]. Castro further teaches a vacuum pump for the vacuum pipe, a vacuum filter and a plurality of vacuum level controls [0017]. Thead is located at the distal end of the body and includes mechanisms adapted to perform the advantageous functions [0013]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the Application was effectively filed to modify as taught by AHN with a rotating distal end and vacuum control as taught by Castro for the purpose of directing the distal end to the desired direction and provide better skin contact.
Regarding claim 2, AHN/ Castro teaches the needle tip of claim 1, wherein the rotation part rotates the tip part while the plurality of needles are inserted into the skin ([0013] of Castr0).
Regarding claim 3, AHN/ Castro teaches the needle tip of claim 1, wherein the rotation part rotates the tip part after the plurality of needles are inserted into the skin ([0013] of Castr0).
Regarding claim 4, AHN/ Castro teaches the needle tip of claim 1, wherein the rotation part rotates the tip part in one direction while the plurality of needles are inserted into the skin and then rotates the tip part in an opposite direction ([0074] of Castro).
Regarding claim 5, AHN/ Castro teaches the needle tip of claim 1, further comprising: a cylinder (fig.2; syringe 131) having an interior space (internal volume of the cylinder 131a), in which the tip part is fixed, and closely attached to the skin (fig.2); and a pressure control (piston 131b) part configured to form a negative pressure or a positive pressure in the interior space ([0049] of AHN).
Regarding claim 6, AHN/ Castro teaches the needle tip of claim 5, wherein the pressure control part forms the negative pressure in the interior space such that the plurality of needles are inserted into the skin being pulled into the interior space ([0045] of AHN).
Regarding claim 7, AHN/ Castro teaches the needle tip of claim 5, wherein the pressure control part forms the positive pressure in the interior space when the plurality of needles are discharged from the plurality of injection holes to inject drug applied to the skin into the injection holes ([0045] of AHN).
Regarding claim 8, AHN/ Castro teaches the needle tip of claim 1, wherein the high-frequency application part is configured to: apply any one of a monopolar type high frequency and a bipolar type high frequency to the plurality of needles when the tip part is rotated in one direction; and apply the other one of the monopolar type high frequency and the bipolar type high frequency to the plurality of needles when the tip part is rotated in an opposite direction. The plurality of needles 123 are configured to deliver high frequency current to the skin in monopolar type or bipolar type ([0040] of AHN).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR20210095422 teaches a skin treatment device provided with a spherical needle roller is provided. The skin treatment device includes a needle unit coupled to one side of the body unit to inject a drug into the skin by washing the user's skin through a needle roller and applying at least one of electrical stimulation and photostimulation to the skin.
US 8500754 discloses substantially circular plate has a first surface arranged and configured for coupling to the skin care element (100’’’).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIGIST S DEMIE whose telephone number is (571)270-5345. The examiner can normally be reached Monday-Friday 8am-5Pm.
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/TIGIST S DEMIE/Primary Examiner, Art Unit 3794
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