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 § 103
1. 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.
2. Claims 1 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Jin (US 2018/008333 (provided in the IDS)) and in view of Morfill et al. (US 2014/0207053).
3. Addressing 1, Jin 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. 1 and 4-5, elements 130-132);
a dielectric barrier having a first side that faces the electrode and a second side that faces away from the electrode and a head (see abstract, Figs. 1 and 4-5, elements 130-132):
Jin does not disclose a flexible skirt configured for containing the cold plasma when the flexible skirt contacts the biological surface. In the same field of endeavor, Morfill discloses a flexible skirt configured for containing the cold plasma when the flexible skirt contacts the biological surface (see Fig. 3, element 13 and 21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jin to have a flexible skirt configured for containing the cold plasma when the flexible skirt contacts the biological surface as taught by Morfill because this allows the treatment surface to deform to provide comfortable treatment to patient (see [0067]).
4. Addressing claims 22-23, 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).
5. Claims 2-5, 7 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Jin (US 2018/008333 (provided in the IDS)), in view of Morfill et al. (US 2014/0207053) and further in view of Trutwig et al. (US 2019/0014651 (provided in the IDS)).
6. Addressing claim 2, Jin does not disclose a head that is removeably attached to the treatment device body, wherein the head has a mounting side facing the treatment device body and an application side facing the region. In the same field of endeavor, Trutwig discloses a head that is removeably attached to the treatment device body, wherein the head has a mounting side facing the treatment device body and an application side facing the region (see Fig. 1, abstract, [0003], [0017], [0035]; the head with electrode and dielectric barrier is removed after use). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jin to have a head that is removeably attached to the treatment device body, wherein the head has a mounting side facing the treatment device body and an application side facing the region as taught by Trutwig because this prevents infection (see [0017] and [0035]).
Addressing claims 3-5 and 7, Morfill discloses:
addressing claim 3, wherein the flexible skirt is disposed on the application side of the head; and wherein the flexible skirt comprises a compressible material (see Fig. 3, skirt 13 and 21 is compress therefore it comprises compressible material).
addressing 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 [0068] and Fig. 3; form closed volume without air current so air or gas is not pass through (impermeable) at least the spacer 21).
addressing claim 5, wherein the flexible skirt further comprises at least one rigid spacer configured for restricting a compression of the flexible skirt (see Fig. 3, element 21).
addressing claim 7, wherein the rigid spacer is enclosed by the flexible skirt (spacer enclosed by flexible skirt or flexible skirt enclose by spacer is a designer choice that only require routine skill in the art and does not change operation principle (In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice)).
Addressing claim 21, Jin discloses:
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. 1 and 3-4, elements 124 and 150).
7. Claims 6 and 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jin (US 2018/008333 (provided in the IDS)), in view of Morfill et al. (US 2014/0207053 (provided in the IDS)), further in view of Trutwig et al. (US 2019/0014651) and Kalghatgi et al. (US 2017/0326347).
8. Addressing claims 6 and 8-15, Jin in view of Morfill do not disclose wherein the rigid spacer comprises a conductive material biased at a voltage greater than or equal to 0 V and a treatment device with head that store and dispense medicament to the biological surface. 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]) and a treatment device with head that store and dispense medicament from reservoir to the biological surface through nozzle/hole/vent and compression mechanism (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 Jin to have wherein the rigid spacer comprises a conductive material biased at a voltage greater than or equal to 0 V and a treatment device with head that store and dispense medicament from reservoir to the biological surface through nozzle/hole/vent and compression mechanism as taught by Kalghatgi because this allows the spacer to function as spacer and at the same time provide power to the plasma device and this device allow drug delivery to treat patient skin (see [0190]).
9. Claims 16, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Jin (US 2018/008333 (provided in the IDS)), in view of Morfill et al. (US 2014/0207053 (provided in the IDS)), further in view of Kalghatgi et al. (US 2016/0220670).
10. Addressing claims 16, 18 and 19, Jin 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 Jin 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)).
11. Claims 17 and 20 rejected under 35 U.S.C. 103 as being unpatentable over Jin (US 2018/008333 (provided in the IDS)), in view of Morfill et al. (US 2014/0207053 (provided in the IDS)), further in view of Kalghatgi et al. (US 2016/0220670) and Ahlnas (US 2010/0047294).
12. 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 Jin 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]).
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) and US 6,979,709 (see claim 21; chemical filter using carbonaceous material (carbon nanotube).
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3797
Prosecution Insights