I. ACKNOWLEDGEMENT
This Office Action addresses U.S. Application No. 19/233605 (“’605 Application” or “instant application”). Based upon a review of the instant application, the actual filing date of the instant application is June 10, 2025.
II. STATUS OF CLAIMS
Claims 1-9 were filed with the application. Therefore, as of the date of this Office Action, the status of the claims is:
a. Claim 1-9 (“Pending Claims”).
b. Claims 1-9 are examined (“Examined Claims”).
III. PRIORITY AND CONTINUING DATA
The ‘605 application claims priority to KR 10-202400075419, filed June 11, 2024. Because the earliest possible effective filing date is after March 16, 2013, the first to file provision of the AIA , apply to this proceeding.
IV. ART REJECTION
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.
Claims 1-3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG PUB 2023/0065052 in view of Schomacker et al US PG PUB 2023/0107667 and Overmyer et al US PG PUB 2019/0247133.
As to claim 1, Kim shows a skin treatment device including a body 200 detachably coupled to the front end of a handpiece 100, a first substrate fixed 210 within the body and having an opening therein, where the substrate is electrically connected to a plurality of rf supply terminals 140 in the handpiece (see figure 6), a second substrate 240 moveably installed within the body and having a plurality of microneedles 300 mounted thereon, where the substrate connects to drive shaft 130 through the opening in substrate 210 to move. Kim further has a plurality of connector pins 510 electrically connecting the two substrates, and a data storage on the substrate 210 for storing identification information about the device. Kim does not have a holder. However, in figure 6, Schomacker shows a similar device, that has a holder 90 to connect the substrate having the microneedles to the driveshaft. As such, it would have been obvious to modify Kim to use such a holder, as it is merely the substation of one known way to connect the substrate 240 to the drive shaft for another. In addition, the data storage is not an NFC chip. However, Overmyer teaches in paragraphs [0089] and [0093] that it is known to send the tool parameters to the system via NFC. Hence, it would have been obvious to modify the combination to use an NFC chip in place of the memory, as it is merely the substitution of one known way to transmit device parameters to the system or another.
As to claim 2, the Examiner notes that input electrodes and output electrodes are simply electrodes unless connected to a source power and the term input and output is an intended use limitation. Kim has electrodes, a plurality of terminals 212, on one side of the substrate 210 that connect to terminals 140, and the terminals 510 are electrically connected to, i.e. through electrodes, the board 210 (see paragraph 0093]).
As to claim 3, the chip is located on one side of the substrate, near the opening, in a position that a virtual line intersects a second line between 2 of the electrodes, as recited in the claim.
As to claim 6, there appear to be 4 electrodes in a row around the opening.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Schomacker and Overmyer, as applied to claims 1-3 and 6 above, further in view of Ilooda KR 101716345.
The combination does not have a two-piece body. However, Ilooda shows a two-piece body in figure 3. As such, it would have been obvious to modify the combination to use a two-piece body, as it is merely thew substitution of one known body structure for another.
Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Schomacker and Overmyer, as applied to claims 1-3 and 6 above, further in view of Obrien III et al US PG PUB 2017/0354810.
The combination does not have the cap. However, Obrien shows such a cap 670 in figure 6. (paragraph [0067]). As such, it would have been obvious to modify the combination to use such a cap. To prevent accidental exposure to the needles.
V. ALLOWABLE SUBJECT MATTER
Claims 4 and 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 9 is allowable.
Claims 4 and 5 define over the art of record in that none of the art has a DC power electrode, electrodes for data communication, and a ground electrode all connected to the NFC chip, and formed in a group around the opening, as claimed.
Claim 9 defines over the art of record in that none of the art has the electrodes connected to the NFC chip, in combination with the remaining claim features.
VI. CONCLUSION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT L NASSER whose telephone number is (571)272-4731. The examiner can normally be reached M-F 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Kosowski can be reached at (571) 272-3744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT L NASSER/ Primary Examiner, Art Unit 3992
