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 .
This Office Action is in response to Amendment filed on February 6, 2026.
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.
Claims 13-17 and 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over by Lee et al. (US 2022/0226668, Foreign priority: May 30, 2019 (KR)) in view of Knaus et al. (US 2016/0325109).
Regarding claim 13, Lee et al. disclose for a wound dressing (The Examiner notes that the limitation “wound dressing” recited in the preamble is not given a patentable weight, because the claim body does not recite any feature that is germane to the “wound dressing” and Applicants do not specifically claim what the “wound” recited in the preamble refers to; for example, Applicants do not specifically claim where the wound has occurred, which will determine the curvature of the wound, whether the wound is a wound of a grown-up, a child, a small pet, a large pet or a plant, the size and depth of the wound, how much damage the wound has done to the skin, bone structures and/or internal organs, the severity of the deformity generated by the wound, etc.; therefore, the term “wound dressing” is at best directed to an intended use of a semiconductor device recited in the claim body), comprising:
a substantially flexible substrate (cover part 120, Fig. 9) with a first, wound-facing side (cover member 122 side, Fig. 10) supporting a plurality of electronic components (a plurality of LED 112, circuit pattern part 113, and circuit board 114, Figs. 9-10), because Applicants do not specifically claim what wound refers to, the skin care apparatus by Lee have the beneficial effects including “a skin soothing effect, skin texture improvement, sensitive skin soothing care, skin contour improvement, skin elasticity improvement, skin elasticity restoration, skin lifting improvement, skin gloss improvement, and the like” ([0052]), therefore, it would be able to be used as skin wound care apparatus, and the cover part 120 by Lee et al. is “made of a material having flexibility and pliability” ([0114]), and a second side opposite the first side (cover member 121 side, Fig. 10); and
the plurality of electronic components (a plurality of LED 112, circuit pattern part 113, and circuit board 114, Figs. 9-10) comprising an electronic circuitry (circuit board 114, Figs. 9-10) including:
a light source (light source part 110/110’, Figs. 9-10); and
a positive temperature coefficient (PTC) device (conductive heat generation material 164, Figs. 9-10) electrically connected to the light source (110’, Figs. 9-10), because “Here, the conductive constant temperature heat generation material may be material that suppresses a heat-generating temperature through an increase in resistance when a temperature rises, and may be a known positive temperature coefficient, more specifically, a conductive carbon paste” (emphasis added, [0180]), and Applicants do not specifically claim what the PTC device is made of and/or comprises, therefore, the conductive heat generation material 164 by Lee et al. corresponds to the positive temperature coefficient (PTC) device in the claimed invention; and the conductive heat generation material 164 is electrically connected to the LEDs 112 by the lead electrode part 162 and the branch electrode part 163 (Fig. 13),
wherein resistance of the PTC device increases with increasing temperature ([0180]).
Lee et al. differ from the claimed invention by not showing that a positive temperature coefficient (PTC) device electrically connected in series with the light source.
However, Knaus et al. disclose for a light treatment system of patients with various conditions that the light treatment system includes the treatment head 102 (Figs. 1A-1B, 3A-3B) which can be oriented and located onto the skin of patient and operable to emit light from a light source 103 onto a desired area of the patient at two or more wavelengths (emphasis added, [0055]), therefore, Knaus et al. teach that the light treatment system may be applied to wounded skin or muscle joints (see attached Figs. 1A-1B below), and further disclose “Referring to FIGS, 6A to 6F, the PTC thermistor 125 can be placed in series with the light emitting elements 118, 120 at either point A or B or both” (emphasis added, [0073], see attached and annotated Fig. 6B below). Therefore, one of ordinary skill in the art would recognize that the positive temperature coefficient device (or PTC thermistor) may be selectively electrically connected with a light emitting element either in parallel, as disclosed by Lee et al., or in series, as disclosed by Knaus et al. in order to tailor system performance for particular treatment objectives.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a positive temperature coefficient thermistor may be electrically connected in series with a light source or LED, as disclosed by Knaus et al., in order to control and optimize the operating characteristics of a light treatment system, such as a skincare or wound treatment apparatus.
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Further regarding claim 13, Lee et al. differ from the claimed invention by not showing that the electronic circuitry is arranged and configured to limit power supplied to the light source in response to increasing temperature of the light source.
However, one of ordinary skill in the art would readily recognize that the plurality of LEDs 112, the conductive heat generation material 164, and the circuit board 114 disclosed by Lee et al. are electrically interconnected (Figs. 9-10). Furthermore, it would be evident that this configuration can be arranged to regulate power supplied to the light source in response to increasing temperature. Specifically, by incorporating Lee et al.’s conductive heat generation material 164, which corresponds to the positive temperature coefficient device in the claimed invention, the system can inherently achieve temperature dependent power limitation consistent with the claimed invention.
Furthermore, the claimed limitation, “the electronic circuitry is arranged and configured to limit power supplied to the light source in response to increasing temperature of the light source”, is directed to an intended use of a conventional electronic circuit including a temperature control element, such as thermistor, rather than imposing any structural distinction on the claimed electronic circuitry itself.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a skin care apparatus which may be applicable to a skin wound care can include a LED patch electrically connected with a positive temperature coefficient (PTC) resistor, as disclosed by Lee et al., in order to limit power supplied to a light source with PTC resistor.
Regarding claim 14, Lee et al. further disclose that the PTC device (conductive heat generation material 164, Fig. 10) is positioned adjacent to the light source (110’, Fig. 10).
Regarding claim 15, Lee et al. further disclose that the light source (110’, Fig. 10) comprises a light emitting diode (LED) (LEDs 112, Fig. 10).
Regarding claim 16, Lee et al. further disclose that at least one switch connected between the light source and ground and configured to turn the light source on and off, because it is inherent that at least one switch would be electrically connected between an light source and a ground in order to switch on/off state of an electronic device.
Regarding claim 17, Lee et al. further disclose that a substantially non-stretchable coating (first cover member 121, Fig. 10) applied to at least some of the plurality of electronic components, because Applicants do not specifically claim what material’s composition the substantially non-stretchable coating has and/or what degree or measure the coating is non-stretchable, the first cover member 121 by Lee et al. is made of a transparent silicone material in which a TiO2 power and silicon are mixed ([0120]) and it can correspond to the claimed “substantially non-stretchable coating”; and
a substantially stretchable coating (second cover member 122, Fig. 10) applied to the first side of the substrate (second cover member 122 side, Fig. 10), the substantially stretchable coating (122, Fig. 10) applied over the substantially non-stretchable coating (140, Fig. 10), because “the second cover member 122 may be made of a silicone material in which a colored pigment and silicon are mixed” ([0120]), therefore, the second cover member 122 by Lee et al. is stretchable and flexible, and is formed over the first cover member 121, when the first cover member 121 faces down.
Regarding claim 23, Lee et al. further disclose that at least some components of the plurality of electronic components (light source 110’, LEDs 112, conductive heat generation material 164, Fig. 10) are encapsulated, because the protective layer 130 and the cover part 120 by Lee et al. encapsulate the plurality of electronic components (Fig. 10).
Regarding claim 24, Lee et al. further disclose that the electronic circuitry (Fig. 16) comprises a control module (control part 1400, Fig. 16).
Regarding claim 25, Lee et al. further disclose that at least one sensor, wherein the control module (1400, Fig. 16) is further configured to receive and process one or more measurements obtained by the at least one sensor, because “the control part 1400 may control various functions such as an on/off function of a light source part 110 or 110’, a selection or change function of an emission mode of the light source part, an automatic-off function after a predetermined time has elapsed, an on/off function of a heat generation part 160, and a selective driving function of the light source part 110 or 110’ and the heat generation part 160” ([0217]).
Regarding claim 26, Lee et al. further disclose that the plurality of electronic components (Figs. 2-3) comprises the at least one sensor (temperature sensors 115, Figs. 2-3).
Claims 18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over by Lee et al. (US 2022/0226668, Foreign priority: May 30, 2019 (KR)) in view of Knaus et al. (US 2016/0325109) as applied to claim 13 above, and further in view of Faarbaek et al. (US 2008/0275327). The teachings of Lee et al. in view of Knaus et al. are discussed above.
Regarding claim 18, Lee et al. further disclose that a wound contact layer (protective layer 130, Fig. 10) in contact with the substantially stretchable coating (122, Fig. 10), the wound contact layer (130, Fig. 10) configured to adhere to a wound, because the protective layer 130 by Lee et al. is an exposed surface of the cover part 120 ([0125]) and adheres to the user’s skin ([0127]) for skin care.
Lee et al. in view of Knaus et al. differ from the claimed invention by not showing that a protective layer applied to the wound contact layer, the protective layer configured to be removed to expose the wound contact layer.
However, Faabaek et al. disclose for the attachment of sensing system to the human skin that the three-dimensional adhesive system (Fig. 23) includes a protective layer (second release liner 46, Fig. 23) applied to the wound contact layer (top layer of the second adhesive layer 45 or an interface between the second adhesive layer 45 and the second release liner 46, Fig. 23), and the protective layer (46, Fig. 23) configured to be removed to expose the wound contact layer, because one would be able to configure the release liner 46 by Faabaek et al. to be removed to expose a top layer of the second adhesive layer 45 (Fig. 23), which corresponds to the wound contact layer in the claimed invention, and releasable protective layer can be applied to the skin care apparatus disclosed by Lee et al.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the skin care or skin sensing system can include additional protective layer which is capable of being released, and therefore, to adhere to human skin, as disclosed by Faabaek et al., in order to prevent the system from contamination.
Regarding claim 21, Faarbaek et al. further disclose that a wicking layer (first release liner 44, Fig. 23) in contact with the second side of the substrate (bottom surface of the adhesive layer 43, Fig. 23), the wicking layer configured to facilitate passage of fluid, because one would be able to configure the release liner 44 by Faarbaek et al. can be peeled off, remain attached, or placed on the surface with indentation ([0337]) to facilitate passage of fluid.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over by Lee et al. (US 2022/0226668, Foreign priority: May 30, 2019 (KR)) in view of Knaus et al. (US 2016/0325109), and further in view of Faarbaek et al. (US 2008/0275327) as applied to claim 18 above, and further in view of Rovaniemi (US 2016/0166438). The teachings of Lee et al. in view of Knaus et al. and further in view of Faarbaek et al. are discussed above.
Regarding claim 20, Lee et al. in view of Knuas et al. and further in view of Faabaek et al. differ from the claimed invention by not showing that a plurality of perforations formed through the wound contact layer, the stretchable coating, and the substrate, the plurality of perforations configured to facilitate passage of fluid.
However, Rovaniemi discloses for wound dressing with a sensor that the wound facing layer 3 (Fig. 4), which corresponds to the wound contact layer in the claimed invention, comprises a material selected of a group consisting of a perforated sheet containing polyethylene (PE), polyethylene terephthalate (PET), polypropylene (PP), polyamide or polytetrafluoroethylene (PTFE), and a perforated sheet laminated on a non-woven fabric containing polyethylene (PE), polyethylene terephthalate (PET), polypropylene (PP), polyamide or polytetrafluoroethylene (PTFE) (emphasis added, [0048]), and “perforations in the facing layer form a three-dimensional structure in order to reduce the sticking surface between the facing layer and the would surface and to enhance the contact with the wound” (emphasis added, [0049]), therefore, the perforated layers can be selected to the wound dressing structure including the substrate and the adhesive layers disclosed by Lee et al. and Faarbaek et al. to improve the performance and one would be able to configure the perforated layers to facilitate passage of fluid.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a perforated sheet can be used for a wound dressing, as disclosed by Rovaniemi, in order to improve the performance of a wound dressing.
Claims 27-28 and 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over by Lee et al. (US 2022/0226668, Foreign priority: May 30, 2019 (KR)) in view of Rovaniemi (US 2016/0166438).
Regarding claim 27, Lee et al. disclose for a wound dressing comprising that
a substantially flexible substrate (cover part 120, Fig. 9) with a first, wound-facing side (cover member 122 side, Fig. 10) supporting a plurality of electronic components (a plurality of LED 112, circuit pattern part 113, and circuit board 114, Figs. 9-10), because Applicants do not specifically claim what wound refers to, the skin care apparatus by Lee has the beneficial effects including “a skin soothing effect, skin texture improvement, sensitive skin soothing care, skin contour improvement, skin elasticity improvement, skin elasticity restoration, skin lifting improvement, skin gloss improvement, and the like” ([0052]), therefore, it would be able to be used as skin wound care apparatus, and the cover part 120 by Lee et al. is “made of a material having flexibility and pliability” ([0114]), and a second side opposite the first side (cover member 121 side, Fig. 10),
the plurality of electronic components (a plurality of LED 112, circuit pattern part 113, and circuit board 114, Figs. 9-10) comprising an electronic circuitry (circuit board 114, Figs. 9-10) including:
a light source (light source part 110/110’, Figs. 9-10); and
a positive temperature coefficient (PTC) device (conductive heat generation material 164, Figs. 9-10) electrically connected to the light source (110’, Figs. 9-10), because “Here, the conductive constant temperature heat generation material may be material that suppresses a heat-generating temperature through an increase in resistance when a temperature rises, and may be a known positive temperature coefficient, more specifically, a conductive carbon paste” (emphasis added, [0180]), and Applicants do not specifically claim what the PTC device is made of and/or comprises, therefore, the conductive heat generation material 164 by Lee et al. corresponds to the positive temperature coefficient (PTC) device in the claimed invention; and the conductive heat generation material 164 is electrically connected to the LEDs 112 by the lead electrode part 162 and the branch electrode part 163 (Fig. 13), wherein resistance of the PTC device increases with increasing temperature ([0180]).
Lee et al. differ from the claimed invention by not showing that the electronic circuitry is arranged and configured to limit power supplied to the light source in response to increasing temperature of the light source.
However, one of ordinary skill in the art would readily recognize that the plurality of LEDs 112, the conductive heat generation material 164, and the circuit board 114 disclosed by Lee et al. are electrically interconnected (Figs. 9-10). Furthermore, it would be evident that this configuration can be arranged to regulate power supplied to the light source in response to increasing temperature. Specifically, by incorporating Lee et al.’s conductive heat generation material 164, which corresponds to the positive temperature coefficient device in the claimed invention, the system can inherently achieve temperature dependent power limitation consistent with the claimed invention.
Furthermore, the claimed limitation, “the electronic circuitry is arranged and configured to limit power supplied to the light source in response to increasing temperature of the light source”, is directed to an intended use of a conventional electronic circuit including a temperature control element, such as thermistor, rather than imposing any structural distinction on the claimed electronic circuitry itself.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a skin care apparatus which may be applicable to a skin wound care can include a LED patch electrically connected with a positive temperature coefficient (PTC) resistor, as disclosed by Lee et al., in order to limit power supplied to a light source with PTC resistor.
Further regarding claim 27, Lee et al. differ from the claimed invention by not showing that a plurality of perforations formed through the substantially flexible substrate to facilitate passage of fluid.
However, Rovaniemi discloses for wound dressing with a sensor that the wound dressing 1 includes the facing layer 3 (Fig. 4), which can correspond to the substantially flexible substrate in the claimed invention, comprises a material selected of a group consisting of a perforated sheet containing polyethylene (PE), polyethylene terephthalate (PET), polypropylene (PP), polyamide or polytetrafluoroethylene (PTFE), and a perforated sheet laminated on a non-woven fabric containing polyethylene (PE), polyethylene terephthalate (PET), polypropylene (PP), polyamide or polytetrafluoroethylene (PTFE), a fine net or screen ([0048]), and “perforations in the facing layer form a three-dimensional structure in order to reduce the sticking surface between the facing layer and the would surface and to enhance the contact with the wound” ([0049]), therefore, one of ordinary skill in the art would acknowledge that the perforated facing layer or Rovaniemi can be selected as the substantially flexible substrate of the wound dressing structure in order to improve device performance. Further, one would have understood that the perforations may be configured to facilitate fluid passage through the dressing.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a perforated sheet can be used for a wound dressing, as disclosed by Rovaniemi, in order to improve the performance of a wound dressing.
Regarding claim 28, Lee et al. further disclose that a wound contact layer (protective layer 130, Fig. 10) on the first side of the substantially flexible substrate (cover part 120, Fig. 9), the wound contact layer (130, Fig. 10) configured to adhere to a wound, because the protective layer 130 by Lee et al. is an exposed surface of the cover part 120 ([0125]) and adheres to the user’s skin ([0127]) for skin care.
Regarding claim 31, Rovaniemi further discloses that an absorbent layer (absorbent core 2, Figs. 4A-4C) on the second side of the substrate (top side of the facing layer 3, Figs. 4A-4C), because a bottom side of the facing layer 3 contacts a wound, and therefore, the facing layer 3 corresponds to the substrate in the claimed invention; and the absorbent core 2 by Rovaniemi is formed on the top side of the facing layer 3, which is the opposite side facing wound (Figs. 4A-4C).
Regarding claim 32, Rovaniemi further discloses that a cover (backing layer 4, Figs. 4A-4C) on the second side of the substrate (top side of the facing layer 3, Figs. 4A-4C), because the backing layer 4 by Rovaniemi covers a top side of the facing layer 3, which corresponds to the second side of the substrate in the claimed invention.
Regarding claim 33, Rovaniemi further discloses that the cover (backing layer 4, Figs. 4A-4C) is impermeable or semi-permeable to fluids, and wherein the cover (4, Figs. 4A-4C) is configured to seal the dressing to skin over a wound, because Rovaniemi discloses that “the backing layer 4 serves as a clothing protection and is made of a green breathable, hydrophobic non-woven fabric based on polypropylene. The non-woven has a hydro head of 50 cm/H2O. This backing layer 4 allows breathing of the wound while simultaneously preventing wound exudates from exiting the wound dressing and contaminating a patient’s clothing” (emphasis added, [0118]), therefore, one of ordinary skill in the art would readily recognize that the backing layer 4 of Rovaniemi may be impermeable or semi-permeable to fluids, as the backing layer functions to prevent contamination of the patient’s clothing by sealing the dressing pad over the wound.
Claims 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over by Lee et al. (US 2022/0226668, Foreign priority: May 30, 2019 (KR)) in view of Rovaniemi (US 2016/0166438) as applied to claim 27 above, and further in view of Faarbaek et al. (US 2008/0275327). The teachings of Lee et al. in view of Rovaniemi are discussed above.
Regarding claim 29, Lee et al. in view of Rovaniemi differ from the claimed invention by not showing that a protective layer applied to the wound contact layer, the protective layer configured to be removed to expose the wound contact layer.
However, Faabaek et al. disclose for the attachment of sensing system to the human skin that the three-dimensional adhesive system (Fig. 23) includes a protective layer (second release liner 46, Fig. 23) applied to the wound contact layer (top layer of the second adhesive layer 45 or an interface between the second adhesive layer 45 and the second release liner 46, Fig. 23), and the protective layer (46, Fig. 23) configured to be removed to expose the wound contact layer, because one would be able to configure the release liner 46 by Faabaek et al. to be removed to expose a top layer of the second adhesive layer 45 (Fig. 23), which corresponds to the wound contact layer in the claimed invention, and releasable protective layer can be applied to the skin care apparatus disclosed by Lee et al.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the skin care or skin sensing system can include additional protective layer which is capable of being released, and therefore, to adhere to human skin, as disclosed by Faabaek et al., in order to prevent the system from contamination.
Regarding claim 30, Faarbaek et al. further disclose that a wicking layer (first release liner 44, Fig. 23) in contact with the second side of the substrate (bottom surface of the adhesive layer 43, Fig. 23), the wicking layer configured to facilitate passage of fluid, because one would be able to configure the release liner 44 by Faarbaek et al. can be peeled off, remain attached, or placed on the surface with indentation ([0337]) to facilitate passage of fluid.
Response to Arguments
Applicant's arguments filed in February 6, 2026 have been fully considered but they are not persuasive due to the following reasons: Regarding the rejection of claim 13 under 35 U.S.C. 103, Applicant contends that Lee requires a parallel configuration to simultaneously provide heat (via PTC elements) and light (via LED elements), and that modifying Lee to adopt a series configuration, as disclosed by Knaus, would impermissibly change the purpose of operation and render Lee unsatisfactory for its intended purpose (page 6, REMARKS). This argument is not persuasive, because (1) Applicants did not provide any substantiating evidence that the teachings of the primary reference and the secondary reference cannot be combined under any circumstances; Lee does not expressly limit the disclosed LED elements and PTC elements to a parallel configuration, nor does Lee teach away from alternative electrical configurations, such as a series configuration; (2) the modification does not render Lee inoperable for its intended purpose, since at most, arranging the components in series may change the degree of power delivered to the LED and PTC elements (e.g., reduced output of light and heat), but does not rule out simultaneous operation of both elements, as acknowledged by Applicants; i.e., such modification results in a difference in degree of performance, rather than a change in fundamental operation, therefore, it does not teach away or render the device unsatisfactory. Such modification may be desirable for certain users or skincare treatment conditions; and (3) it is well-known that series and parallel configurations are known alternative electrical arrangement used for current control, voltage distribution, or power consumption. Therefore, it would have been obvious to one of ordinary skill in the art that the parallel configuration of Lee could be modified to a series configuration as disclosed by Knaus, in order to tailor device performance.
Conclusion
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 WOO K LEE whose telephone number is (571)270-5816. The examiner can normally be reached Monday - Friday, 8:30 am - 5:00 pm.
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/JAY C KIM/Primary Examiner, Art Unit 2815
/WOO K LEE/Examiner, Art Unit 2815