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, 21, and 22 are pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 22, 2026 has been entered.
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. 112(b) and 112(d) rejection, Applicant’s amendment has overcome each and every rejection.
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, 21, and 22 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), Molina (US 2005/0070977), Havell (US 2007/0156208), and Stewart (US 2016/0106574).
Re Claim 1, 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 (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 (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);
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.
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.
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 power bank battery power source carried by the face mask in a clothing 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.
However, Yan discloses a portable battery power source carried by a wearable in a clothing 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 power bank battery power source carried by the face mask in a clothing 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.
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, 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.
Wei, Yang, Jeon, Yan, and Molina are silent regarding the portable battery power source being electrically connected to the infrared radiation element by wiring having a plug and a power button, the portable power bank battery power source having a USB style plug.
However, Havell discloses a light therapy device electrically connected to a portable battery power source by wiring having a plug and a power button (fig. 8a, 8b, para. [0047], Cord 36 has second end 74 that connects to connection element 48 of the light device in fig. 9a; fig. 1a, 1b, para. [0034], Cord 36 connects to a switch 34 in fig. 1b. One end 71 of the power supply element 38 attaches to holes 70 of the power and switch box 34); para. [0047], The power and switch box housing area 72 has diametrically opposed holes 70. One end is for the power supply 38 (i.e., AC/DC transformer, battery power source, etc.) while the other is for receiving the cord 36 that runs from the power and switch box 34 to the flexible circuit substrate 22.).
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 electrically connecting the portable battery power source to the infrared radiation element by wiring having a plug and a power button, as taught by Havell, for the purpose of having an accessible power switch.
Havell is silent regarding the portable power bank battery power source having a USB style plug.
However, Stewart discloses a thermal body suite that provides heat therapy and teaches that a power source, such as a rechargeable battery unit, is in electrical communication with the FIR infrared coils via a USB port (para. [0026]). Stewart teaches that the battery unit is an external unit that is connected to the body suite via the USB port (para. [0026]).
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 Havell, by configuring the portable power bank battery power source to have a USB style plug, as taught by Stewart, for the purpose of connecting the external battery unit to the infrared radiation element (para. [0026]).
Re Claims 21 and 22, Claims 21 and 22 are rejected under substantially the same basis as claim 1.
Conclusion
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/JONATHAN T KUO/Primary Examiner, Art Unit 3792
/V.V.H./
Vynn Huh, May 30, 2026Examiner, Art Unit 3792
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