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 .
DETAILED ACTION
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 1-2, 4-5, 7-15 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hahnl et al. (US 2018/0178024).
3. Addressing 1, Hahnl discloses a cold plasma system for cosmetic treatment of a region of a biological surface, comprising:
a plasma treatment device comprising: a cold plasma generator comprising: an electrode (see abstract, Figs. 3-6 and [0040]; element 18);
a dielectric barrier having a first side that faces the electrode and a second side that faces away from the electrode (see Figs. 3-6 and [0040]; element 19);
a head, comprising a flexible skirt disposed outside of a space between the electrode and the biological surface such as to enclose the electrode, the flexible skirt configured for containing the cold plasma when the flexible skirt contacts the biological surface, wherein the flexible skirt is compressible in contact with the biological surface (see Figs. 3-6, [0043] and [0049]; head element 6; wall 7, 12 and sponge 26 is the compressible skirt when in contact with biological surface; 12 and 26 is disposed of a space between the electrode and the biological surface such as to enclose the electrode 18).
4. Addressing claims 2, 4-5, 7-15 and 21, Hahnl discloses:
addressing claim 2, wherein the plasma treatment device further comprises a treatment device body; wherein the head has a mounting side facing the treatment device body and an application side facing the region; and wherein the head is removably attached to the treatment device body (see Figs. 3-6).
addressing claim 4, wherein the flexible skirt is impermeable to gases; and wherein the flexible skirt is further configured for creating a contained environment for the cold plasma when compressed (see Figs. 3-6; wall is impermeable to gases).
addressing claim 5, wherein the flexible skirt further comprises at least one rigid spacer configured for restricting a compression of the flexible skirt (see Figs. 3-6; spacer 29).
addressing claim 7, wherein the rigid spacer is enclosed by the flexible skirt (see Figs. 3-6).
addressing claim 8, wherein the head further comprises: a formula reservoir configured for: storing a formula configured for achieving a desired therapeutic or cosmetic result; and dispensing the formula; a formula exuding surface located on the application side of the head (see Figs. 3-6 and [0055]).
addressing claim 9, wherein the formula reservoir is removable (see Figs. 3-6; head with storage chamber is removable).
addressing claim 10, wherein the formula comprises: at least one cosmetic ingredient; at least one medicament; at least one protective compound configured for protecting the biological surface from exposure to the cold plasma (see [0055]; cosmetic agent).
addressing claim 11, wherein dispensing the formula comprises: applying the head to the biological surface; and compressing the application side of the head (see Figs. 3-6).
addressing claim 12, wherein the application side of the head is compressed by a compression mechanism (see Figs. 3-6).
addressing claim 13, wherein the formula exuding surface comprises at least one nozzle disposed on the application side of the head; and wherein the formula exuding surface is connected to the formula reservoir via at least one conduit (see Figs. 3-6 and abstract; element 28).
addressing claim 14, wherein the formula exuding surface is a porous material configured for buffering a flow of formula from the formula reservoir (see Figs. 3-6; porous material is just another designer choice similar to nozzle and vent to expel substance).
addressing claim 15, wherein the formula exuding surface further comprises a vent configured for buffering a flow of formula from the formula reservoir (see Figs. 3-6; element 28).
addressing claim 21, wherein the electrode is disposed on the application side of the head; wherein the electrode is pixelated into individually activated areas capable of generating the cold plasma, the system further comprising: a controller configured to energize the activated areas of the electrode (see Figs. 3-6 and [0040]).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over by Hahnl et al. (US 2018/0178024) and in view of Kalghatgi et al. (US 2017/0326347).
7. Addressing claim 6, Hahnl does not disclose wherein the rigid spacer comprises a conductive material biased at a voltage greater than or equal to 0 V. In the same field of endeavor, Kalghatgi discloses wherein the rigid spacer comprises a conductive material biased at a voltage greater than or equal to 0 V (see Fig. 4A, [0013] and [0123]; Kalghatgi also discloses and a treatment device with head that store and dispense medicament from reservoir to the biological surface through nozzle/hole/vent and compression mechanism (limitation in claims 8-15) (see [0190-0191], [0164], [0167] and Figs. 12-14B; cream and ointment are cosmetic ingredient/medicament; nozzle/hole/vent 1460; reservoir 1252/1452 with conduit 1251/1256; the plunger 1254 is the compression mechanism to expel the ointment from reservoir; Kalghatgi disclose opening hole which is the same as nozzle and vent; porous material is just another designer choice similar to nozzle and vent to expel substance)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hahnl to have wherein the rigid spacer comprises a conductive material biased at a voltage greater than or equal to 0 V as taught by Kalghatgi because this allows the spacer to function as spacer and at the same time provide power to the plasma device (see [0190]).
8. Claims 16, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hahnl et al. (US 2018/0178024) and in view of Kalghatgi et al. (US 2016/0220670).
9. Addressing claims 16, 18 and 19, Hahnl does not disclose wherein the head further comprises a filter disposed between the dielectric barrier and the biological surface; wherein the filter is a charged particle filter configured for: attracting charged particles present in the cold plasma; and neutralizing the charged particles and wherein filter is a chemical filter. In the same field of endeavor, Kalghatgi discloses wherein the head further comprises a filter disposed between the dielectric barrier and the biological surface; wherein the filter is a charged particle filter configured for: attracting charged particles present in the cold plasma; and neutralizing the charged particles (see Figs. 6-7 and [0057]; filter 730 is between skin surface and dielectric 704; 704 is not show in Fig. 7; however, 704 is located in the same place as 604 dielectric in Fig. 6; filter 730 is a charged particle filter that prevent passing of charge; prevent passing of charge by collect them at the filter and neutralize them; Kalghatgi does not disclose chemical filter; however, using any type of filter is a designer choice that depend on the application and only require routine skill in the art; chemical filter is just one of designer choice as applicant disclose using variety of filters: uv filter, chemical filter, charge particle filter (see [0071])). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hahnl to have wherein the head further comprises a filter disposed between the dielectric barrier and the biological surface (see [0057]; to filter out unwanted material (charged ions and electrons are prevented from passing through grounded filter 730)).
10. Claims 17 and 20 rejected under 35 U.S.C. 103 as being unpatentable over Hahnl et al. (US 2018/0178024), in view of Kalghatgi et al. (US 2016/0220670) and further in view of Ahlnas (US 2010/0047294).
11. Addressing claims 17 and 20, Jin does not disclose wherein the filter is an ultraviolet filter configured for blocking ultraviolet photons from reaching the biological surface and wherein the ultraviolet filter comprises a UV absorbent or UV scattering material and wherein the filter is carried in a liquid emulsion. Using any type of filter and in any form is a designer choice that depend on the application and only require routine skill in the art. Ahlnas explicitly discloses wherein the filter is an ultraviolet filter configured for blocking ultraviolet photons from reaching the biological surface and wherein the ultraviolet filter comprises a UV absorbent or UV scattering material and wherein the filter is carried in a liquid emulsion (see abstract and claim 19, liquid emulsion contain UV filter medium). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hahnl to have wherein the filter is an ultraviolet filter configured for blocking ultraviolet photons from reaching the biological surface and wherein the ultraviolet filter comprises a UV absorbent or UV scattering material and wherein the filter is carried in a liquid emulsion as taught by Ahlnas because this help protect skin from UV light (see [0036]).
12. Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Hahnl et al. (US 2018/0178024) and in view of Jin (US 2018/008333 (provided in the IDS)).
13. Addressing claims 22-23, Hahnl does not disclose an auxiliary treatment device configured to enhance effects of the cold plasma on the region and wherein the auxiliary treatment device is selected from a group consisting of (i) a vibration device, (ii) a source of ultrasound, (iii) a light source configured to illuminate the region, (iv) a source of air directed to the region; and (v) a source of heat directed to the region. In the same field of endeavor, Jin discloses an auxiliary treatment device configured to enhance effects of the cold plasma on the region and wherein the auxiliary treatment device is selected from a group consisting of (i) a vibration device, (ii) a source of ultrasound, (iii) a light source configured to illuminate the region, (iv) a source of air directed to the region; and (v) a source of heat directed to the region (see [0042-0044], [0051], [0053-0054] and Fig. 1, element 140; near-infrared is light treatment). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hahnl to have an auxiliary treatment device configured to enhance effects of the cold plasma on the region and wherein the auxiliary treatment device is selected from a group consisting of (i) a vibration device, (ii) a source of ultrasound, (iii) a light source configured to illuminate the region, (iv) a source of air directed to the region; and (v) a source of heat directed to the region as taught by Jin because this improve skin treatment (see [0018] and [0020]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 and 4-23 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. Examiner suggests amend some dependent claims into the independent claim and amend allowable limitation in patent US 11,517,639 into independent claim to put the claims in better condition for allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2018/0130646 (see [0075], [0114], [0136], [0146] and Figs. 3A-B; filter between dielectric and treatment surface), US 6,979,709 (see claim 21; chemical filter using carbonaceous material (carbon nanotube) and US 2013/0072858).
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 HIEN NGOC NGUYEN whose telephone number is (571)270-7031. The examiner can normally be reached Monday-Thursday 8:30am-6:30pm.
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3797
Prosecution Insights