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 Status: Claims 1-4, 7-17, and 19-20 are pending.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because Applicant’s amendments have necessitated the new grounds of rejection
Response to Amendment
Regarding 35 U.S.C. 101 rejection, Applicant’s amendment has overcome each and every rejection.
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.
Claims 4, 7, 8, 11-13, and 17 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.
Re Claim 4, the limitation in claim 4 that “the infrared radiation element is disposed on the exterior of the base member” directly contradicts with the limitation in claim 1 that an infrared radiation element is embedded between an inner layer and an outer layer of the base member in the form of the face mask. Therefore, the scope of the claim 4 cannot be determined and no prior art rejection has been made.
Re Claim 17, the limitation in claim 17 that “the infrared radiation element is in direct contact with the skin of the user” directly contradicts with the limitation in claim 1 that “the infrared radiation element is configured to be positioned within 1-3 mm of a user’s skin.” Therefore, the scope of the claim 17 cannot be determined and no prior art rejection has been made.
Re Claim 11, the limitation in claim 11 that “the base member is shaped as a glove” contradicts with the limitation in claim 1 that a base member is in the form of a medical protective face mask. Therefore, the scope of claim 11 cannot be determined and no prior art rejection has been made.
Re Claims 7 and 8, it is unclear whether the infrared radiation element further includes the claimed light sources or whether infrared radiation element being light sources should be a separate species from the infrared radiation element being carbon fiber heating element in claim 1.
Re Claims 12 and 13, it is unclear whether the infrared radiation element is only an electrically operated heating pad having a flexible black body radiant heat generating layer or the infrared radiation element further includes an electrically operated heating pad having a flexible black body radiant heat generating layer.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 9, 10, 15, and 16 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Re Claim 9, the range of distance between the skin and the infrared radiation element is broader in claim 9 than the range of distance in claim 1. The limitation in claim 9 does not further limit the subject matter of claim 1.
Re Claim 10, claim 1 already recites that the base member is in the form of a medical protective mask; therefore, the limitation in claim 10 does not further limit the subject matter of claim 1.
Re Claim 15, claim 1 already recites that the infrared radiation element comprises a carbon-fiber heating element; therefore, the limitation in claim 15 does not further limit the subject matter of claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Re Claim 16, claim 1 recites that the infrared radiation element is incorporated into the base member in a U-shaped pattern; therefore, the limitation in claim 16 does not further limit the subject matter of claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2, 3, 9, 10, 14, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (CN 104553123) in view of Yang (CN 106113788), Jeon (KR 20210123487), Yan (CN 107713087), and Molina (US 2005/0070977).
Re Claims 1, 2, 3, 9, 10, 15, and 16, Wei discloses a wearable device for therapeutic skin treatment using infrared radiation, comprising:
a base member in the form of a medical protective face mask selected from a reusable mask, wherein the base member is shaped as a protective mask (abstract, a composite fabric for a thermal therapy mask; page 2, thermotherapy face shield);
an infrared radiation element comprising a carbon-fiber heating element embedded between an inner layer and an outer layer of the face mask in a U-shaped pattern, wherein the infrared radiation element is disposed on the interior of the base member, wherein the infrared radiation element is made of carbon fiber, wherein the infrared radiation element is incorporated into the base member in a pattern (pages 2 and 3, Detailed description of the invention, carbon fiber far infrared heating coil 31 is in a U-shaped pattern; annotated fig. 1 shows a carbon-fiber heating element embedded between the inner layer 1 and the outer layer 4), wherein the infrared radiation element is embedded into the base member between a first layer and a second layer (annotated fig. 1 shows a carbon fiber heating element 31 embedded between a first layer 1 and a second layer 4);
a power source electrically connected to the infrared radiation element (page 2, carbon fiber far infrared heating coil is connected with power supply separably).
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Wei is silent regarding a medical protective face mask selected from a KN95 mask, a reusable respirator mask, a surgical 3-ply face mask, or a reusable cotton mask; a portable battery power source carried by the face mask in a fabric pocket on the face mask; the infrared radiation element being configured to emit middle-infrared radiation at about 8.5 µm, wherein, when the face mask is worn, the infrared radiation element is configured to be positioned within 1-3 mm of a user's skin, wherein the distance between the skin of the user and the infrared radiation element is in the range from 1 mm to 6 mm.
Wei discloses that the far infrared radiation is for promoting blood circulation and metabolism (abstract).
Yang discloses a physiotherapy product for promoting blood circulation and metabolism (abstract). Yang discloses a base member in the form of a medical protective face mask (page 2, masks) and discloses an infrared radiation element being configured to emit middle-infrared radiation at about 8.5 µm (abstract, The wavelength of the far infrared light wave can reach 5-15 μm, the actual peak wavelength is about 9 μm through detection).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Wei, by configuring the infrared radiation element to emit middle-infrared radiation at about 8.5 µm, as taught by Yang, for the purpose of promoting blood circulation and metabolism (abstract).
Yang is silent regarding a medical protective face mask selected from a KN95 mask, a reusable respirator mask, a surgical 3-ply face mask, or a reusable cotton mask; a portable battery power source carried by the face mask in a fabric pocket on the face mask, wherein, when the face mask is worn, the infrared radiation element is configured to be positioned within 1-3 mm of a user's skin, wherein the distance between the skin of the user and the infrared radiation element is in the range from 1 mm to 6 mm.
Jeon discloses a far infrared ray emitting mask (abstract) selected from a reusable respirator mask and a surgical 3-ply face mask (page 2, abstract, a mask with a detachable far-infrared heating plate, and more particularly, in order to have the effect of removing fine dust and removing viruses, the inner skin and outer skin are provided as a filter member to block fine dust, and at the same time, when wearing the mask. Due to contamination caused by long-time use of the mask, the far-infrared heating plate can be separated from the mask and washed during washing to extend the lifespan of the mask. The heat plate generates far infrared rays and heat to block the virus that is weak to heat in the respiratory tract, thereby eliminating virus infection, the moisturizing effect to keep moisture in the respiratory tract, and the benefit for toothache.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Wei as modified by Yang, by configuring the medical protective face mask to be selected from a reusable respirator mask and a surgical 3-ply face mask, as taught by Jeon, for the purpose of removing fine dust, removing viruses, and keeping moisture in the respiratory tract (abstract).
Jeon is silent regarding a portable battery power source carried by the face mask in a fabric pocket on the face mask, wherein, when the face mask is worn, the infrared radiation element is configured to be positioned within 1-3 mm of a user's skin, wherein the distance between the skin of the user and the infrared radiation element is in the range from 1 mm to 6 mm.
Yan discloses a portable battery power source carried by a wearable in a fabric pocket on the wearable (page 2, the vest is double-layer structure, and outer layer is common fabric, and liner is that nanometer is remote Infrared weaving face fabric, vest inner side set battery pocket, set power supply in the pocket, described power supply is through outlet and battery connection. Described battery is rechargeable lithium batteries. Activated carbon fiber conduct can discharge far infrared.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Wei as modified by Yang and Jeon, by adding a portable battery power source carried by the face mask in a fabric pocket on the face mask and electrically connected to the infrared radiation element, as taught by Yan, for the purpose of making the power source portable (page 2).
Yan is silent regarding wherein, when the face mask is worn, the infrared radiation element is configured to be positioned within 1-3 mm of a user's skin, wherein the distance between the skin of the user and the infrared radiation element is in the range from 1 mm to 6 mm.
However, Molina discloses a light emitting mask and teaches the distance between the skin of the user and the infrared radiation element being at 6 mm (para. [0047], table 2, light source distance to skin: 0.6 cm; para. [0056], The distance from the LEDs and magnetics to the user's skin is typically a predetermined distance. However, it is within the purview of this invention that the distance can be adjusted if so desired by the user by simply adjusting the straps to pull the mask closer or farther away.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Wei as modified by Yang, Jeon, and Yan, by configuring the distance between the skin of the user and the infrared radiation element to be at 6 mm when the face mask is worn, as taught by Molina, for the purpose of positioning the light source at a predetermined distance but in proximity for effective radiation distribution and emission on the treatment area.
Molina further discloses that the distance can be adjusted if so desired by the user by simply adjusting the straps to pull the mask closer or farther away (para. [0056]).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Wei as modified by Yang, Jeon, Yan, and Molina, by configuring the infrared radiation element to be positioned within 1-3 mm of a user's skin when the face mask is worn, wherein the distance between the skin of the user and the infrared radiation element is in the range from 1 mm to 6 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05.
Re Claim 14, Wei discloses that the infrared radiation element is a heating pad radiating the infrared radiation from heating coils by conduction (abstract, at least one carbon fiber far-infrared heating coil is arranged on the surface of the fire-resistant non-woven fabric; pages 2 and 3, carbon fiber far infrared heating coil is connected with power supply separably. Far-infrared Heating layer 3 is fire-resistant adhesive-bonded fabric, and the surface of described fire-resistant adhesive-bonded fabric is provided with carbon fiber far infrared heating coil 31.).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (CN 104553123) as modified by Yang (CN 106113788), Jeon (KR 20210123487), Yan (CN 107713087), and Molina (US 2005/0070977), and further in view of Lee (KR 101954018) and Tapper et al. (US 2013/0066404).
Re Claims 7 and 8, Wei as modified by Yang, Jeon, Yan, and Molina discloses the claimed invention substantially as set forth in claim 1.
Wei is silent regarding the infrared radiation element comprising one or more strips having a plurality of infrared light emitting diodes (LEDs) attached thereto.
Lee discloses a base member in the form of a face mask (fig. 3b, para. [0060], mask body 100 and/or a light emitting portion 120); an infrared radiation element (para. [0060], 3B, the light source unit 110 includes a light emitting unit 110 formed in close contact with the inner surface of the mask body 100, and having a plurality of light source devices 101 arranged to emit near-infrared rays), the infrared radiation element being configured to emit middle-infrared radiation at about 8.5 µm (para. [0059], the light source may emit far infrared rays having a wavelength of 3 to 25 micrometers), wherein the infrared radiation is configured to be positioned in close proximity to the skin of the user (fig. 3B shows light source device 101 configured to be positioned in close proximity to the skin of a user).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Wei as modified by Yang, Jeon, Yan, and Molina, by the infrared radiation element comprising infrared light sources attached thereto, as taught by Lee, for the purpose of promoting blood circulation.
Lee is silent regarding one or more strips having a plurality of infrared light emitting diodes (LEDs) attached thereto. Lee is silent regarding the infrared radiation element comprising one or more strips having a plurality of infrared lasers.
Tapper discloses light therapy mask (abstract) and teaches the infrared radiation element comprising one or more strips having a plurality of infrared light emitting diodes (LEDs) attached thereto and the infrared radiation element comprising one or more strips having a plurality of infrared lasers (fig. 4, strips 12, para. [0032], Other radiant energy forms could also include fluorescents, lasers or infrareds; para. [0034], Light sources can include LEDs, fluorescents, lasers or infrareds as an example. Such sources can vary in the form of the radiant energy delivery. Pulsed light (IPL), focused light (lasers) and other methods of manipulating light energy are encompassed within the present embodiments.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Lee, configuring the infrared radiation element to comprise one or more strips having a plurality of infrared light emitting diodes (LEDs) attached thereto and configuring the infrared radiation element to comprise one or more strips having a plurality of infrared lasers, as taught by Tapper, because such a modification is the result of simple substitution of one known element for another producing a predictable result. More specifically, structural configuration of Lee’s light source (individually embedded light sources) and structural configuration of Tapper’s light source (in form of light strips) perform the same general and predictable function, the predictable function being providing light therapy. Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself - that is in the substitution of structural configuration of Lee’s light source by replacing it with structural configuration of Tapper’s light source. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (CN 104553123) as modified by Yang (CN 106113788), Jeon (KR 20210123487), Yan (CN 107713087), and Molina (US 2005/0070977), and further in view of Docherty et al. (US 2006/0052855) in view of Gander et al. (US 2012/0191164).
Re Claims 12 and 13, Wei as modified by Yang, Jeon, Yan, and Molina discloses the claimed invention substantially as set forth in claim 1.
Wei is silent regarding wherein the infrared radiation element is an electrically operated heating pad having a flexible black body radiant heat generating layer configured to radiate the energy from its surface at a pre-determined wavelength when the current is conducted therethrough, a pair of flexible electrically insulating and radiant energy permeable layers covering the opposite sides of the flexible black body radiant heat generation layer, a thermal insulation layer and a reflective layer, wherein the flexible black body radiant heat generation layer further comprising a fiber glass mat impregnated with resistive material.
Docherty discloses a wearable device for therapeutic skin treatment using infrared radiation, comprising: a base member having an infrared radiation element coupled to the base member; wherein the infrared radiation element is positioned in close proximity to the skin of a user (abstract, A radiant therapeutic wrist heating pad, which is not hot to the touch, provides substantial infrared radiation to a user's wrist to alleviate symptoms of carpal tunnel syndrome. It can be used for extended periods without feeling uncomfortable to the skin, while imparting deep therapeutic heat to the user's wrist. The heating pad is comprised of a radiant heat generating layer having a plane surface comprising means for radiating heat evenly from its surface, a pair of flexible electrically insulating and radiation permeable layers located adjacent and covering opposite sides of the layer, a thermal insulation layer disposed against and covering one of the electrically insulating layers, and a sealed radiation permeable envelope enclosing the entire heater. Preferably the flexible heat generating layer is comprised of a fiberglass material impregnated with a resistive material, which material provides a surface temperature, when current is conducted therethrough, which is no greater than about 54 degrees Celsius; para. [0021], A power cord 19 extends from an opening which is closed, such as by a second Velcro zipper 22, for carrying current to one or more heating elements 25 which is controlled by an inline cord on-off switch 28 with indicator light 31.).
Docherty discloses that the infrared radiation element is an electrically operated heating pad having a flexible black body radiant heat generating layer configured to radiate the energy from its surface at a pre-determined wavelength when the current is conducted therethrough (abstract, para. [0032], Current passes through the resistance material of the fiberglass layer 37, creating a source of black body infrared radiation; para. [0025], The film is then subjected to heat treatment to solidify and retain the resistive material in the surface. It should be noted that since the resistance material is basically fabricated of carbon compound, the heating element 25 is a black body radiator, which has a high efficiency of radiant heat dispersion which, it is believed, contributes to the effectiveness of the invention; para. [0035], It has been found that the described structure radiates heat in the wavelength band of between 9 and 12 microns, while the entire infrared bandwidth extends between 0.72 and 3100 microns.),
a pair of flexible electrically insulating and radiant energy permeable layers covering the opposite sides of the flexible black body radiant heat generation layer, a thermal insulation layer (abstract, The heating pad is comprised of a radiant heat generating layer having a plane surface comprising means for radiating heat evenly from its surface, a pair of flexible electrically insulating and radiation permeable layers located adjacent and covering opposite sides of the layer, a thermal insulation layer disposed against and covering one of the electrically insulating layers) and a sealed radiation permeable envelope enclosing the entire heater (para. [0013]).
Docherty discloses that the flexible black body radiant heat generation layer further comprising a fiber glass mat impregnated with resistive material (abstract, the flexible heat generating layer is comprised of a fiberglass material impregnated with a resistive material; para. [0025], It should be noted that since the resistance material is basically fabricated of carbon compound, the heating element 25 is a black body radiator, which has a high efficiency of radiant heat dispersion which, it is believed, contributes to the effectiveness of the invention).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Wei as modified by Yang, Jeon, Yan, and Molina, by adding to the infrared radiation element an electrically operated heating pad having a flexible black body radiant heat generating layer configured to radiate the energy from its surface at a pre-determined wavelength when the current is conducted therethrough, a pair of flexible electrically insulating and radiant energy permeable layers covering the opposite sides of the flexible black body radiant heat generation layer, a thermal insulation layer, wherein the flexible black body radiant heat generation layer further comprising a fiber glass mat impregnated with resistive material, as taught by Docherty, for the purpose of imparting deep therapeutic heat to the target region (abstract).
Docherty is silent regarding a reflective layer and the black body radiant heat generating layer configured to emit middle-infrared radiation at about 8.5 µm.
Gander disclose a wearable device for therapeutic skin treatment using infrared radiation, comprising:
a base member having an infrared radiation element coupled to the base member (para. [0031], Gems, such as tourmaline, including tourmaline, may be a useful additive for the heating pad 10 layer 26 a. Tourmaline may generate a weak electrical charge, enhancing the production of far infrared photon energy, negative ions, and alpha waves; para. [0032], A mixture of tourmaline and silver powder 68, as shown in FIG. 1, may provide beneficial results. Such a mixture may allow the heating pad 10 to be used at very low temperatures emitting far infrared in the waveband of 6-25 microns) and a power source coupled to the base member and electrically connected to the infrared radiation element (para. [0015], fig. 1, An electrical cord 18 may be used for carrying current to the heating pad 10 which may be controlled by an inline cord on-off switch 22.);
wherein the infrared radiation element is positioned in close proximity to the skin of a user (para. [0028], The heat generating apparatus of the present invention may comprise a blanket; an animal blanket; an equine blanket or wrap; a canine blanket; a kennel liner a bed liner; a treatment blanket adapted for use at least one of before, during, and/or after surgery; a treatment blanket adapted for use at least one of before, during, and/or after rendering of emergency and/or urgent medical treatment; a pad; a pillow; a pad adapted to heat a portion of a body comprising at least one of a heel, ankle, plantar fascia, knee, calf, hamstring, Achilles' tendon, thigh, waist, abdomen, elbow, wrist, shoulder, collar bone, temporomandibular joint, jaw, tooth, head, neck, back, hip, leg, foot, spine, loin, lung, sinus, wing, hoof, respiratory system, kidney, liver, muscle, tendon, ligament, limb, hand, chest, digit, groin, ear, eye, temple, nose, face and/or joint; clothing; footwear; a hat; a pet bed; an athletic support; a therapeutic support; a massaging support; a warming blanket; a cushioning support; a cushion; a baby changing mat, a baby mattress, an adult mattress, and/or a vibration device. Blankets, wraps, pads, and other items may be placed over the part to be treated, under the part, on the side, around, or in any useful position.).
Gander discloses infrared radiation element is an electrically operated heating pad having a flexible black body radiant heat generating layer configured to radiate the energy from its surface at a pre-determined wavelength when the current is conducted therethrough, wherein the black body radiant heat generating layer is configured to emit middle-infrared radiation at about 8.5 µm (para. [0024], Electroconductive particles, preferably carbon black, may then be applied to the treated surface in a concentration corresponding to the desired resistance. The film may then be subjected to heat treatment to solidify and retain the resistive material on the surface. Since the resistance material is basically fabricated of carbon compound, the heating strip 54 is a black body radiator, which has a high efficiency of radiant heat dispersion which, contributes to the effectiveness of the invention; para. [0022], The heating pad 12 may be placed over a region to be therapeutically warmed with deep heat, such as shown in FIG. 2. Current passes through the resistive heating strips 54 (shown in FIG. 4), creating a source of black-body infrared radiation. The radiation may be received by the body of the user, penetrate deeply into the user's body. Still, the heating pad 10 does not feel uncomfortably hot to the touch; para. [0016], The wavelength range for far infrared radiation may be from about 5 to about 25 microns, and often ranging from about 6 microns to about 15 microns.).
Gander teaches a reflective layer (para. [0019], A reflective layer 38 may be disposed against the lower surface of the isolator layer 34; para. [0007], a thermally reflective layer situated between a side of the radiant heating strips and a proximal side of an enveloping cover).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Wei as modified by Yang, Jeon, Yan, Molina, and Docherty, by adding a reflective layer and configuring the black body radiant heat generating layer to emit middle-infrared radiation at about 8.5 µm, as taught by Gander, for the purpose of directing the infrared radiation towards the treatment area only (para. [0019], [0007]) and achieving an improved penetrative warmth without overheating the subject (para. [0016]).
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (CN 104553123) as modified by Yang (CN 106113788), Jeon (KR 20210123487), Yan (CN 107713087), and Molina (US 2005/0070977), and further in view of Kim (US 2011/0251523).
Re Claims 19 and 20, Wei as modified by Yang, Jeon, Yan, and Molina discloses the claimed invention substantially as set forth in claim 1.
Wei is silent regarding activating the device by turning on the power source, wearing the device daily for 15-20 minutes for at least 10 days, and wearing the device daily for 15 minutes for additional 10 days.
Kim discloses use of far infrared ray to improve the circulation of blood vessels and speed skin metabolism (abstract), where the far infrared ray has the wavelength of 8-14 μm (para. [0006], [0027]). Kim discloses activating the device by turning on the power source (Table 1, para. [0039]), applying the device daily for 10 mins for at least 10 days and applying the device daily for 10 mins for additional 10 days (para. [0089], Table on page 4, discloses 10 minutes of daily use for 14 days and 28 days).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Wei as modified by Yang, Jeon, Yan, and Molina, by adding the steps of activating the device by turning on the power source, wearing the device daily for 10 minutes for at least 10 days, and wearing the device daily for 10 minutes for additional 10 days, as taught by Kim, for the purpose of improving the circulation of blood vessels and speed skin metabolism (abstract).
Kim is silent regarding the treatment time of 15-20 minutes.
However, radiation intensity is a result effective variable for determining treatment time (para. [0027], [0040], The far infrared ray can help the circulation of the blood so that it makes a cell by expanding of capillary. If we use these function in an optimized way, the efficacy will be substantially increased.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Wei as modified by Yang, Jeon, Yan, Molina, and Kim, by configuring the treatment time to be 15-20 minutes, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05.
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 VYNN V HUH whose telephone number is (571)272-4684. The examiner can normally be reached Monday to Friday from 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at (571) 270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
/V.V.H./
Vynn Huh, February 27, 2026Examiner, Art Unit 3792