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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/12/23 is in compliance with the provisions of 37 CFR 1.97(b). Accordingly, the IDS is being considered by the Examiner to the extent as indicated.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over BioSensor Laboratories (KR 10-2020-0108765) (“BioSensor”) in view of Pak et al. (US 8,204,587) (“Pak”).
(claim 1) BioSensor discloses: A sheet mask device 100 (Fig.1) that is attached to a skin and delivers a liquid composition into the skin, comprising: a base sheet 110 having a shape to cover the skin; an electrode unit 120,130,141,142 formed on the base sheet to allow a current for iontophoresis to flow; and a power supply unit 150 formed on the base sheet and connected to the electrode unit to supply electric energy, wherein the power supply unit includes: a battery activated by the liquid composition supplied to the base sheet, (Fig. 4; pg 24 last paragraph; pg 23 paragraph 6);
BioSensor does not directly disclose a display unit configured to visually display whether or not the battery is activated. Pak, in the analogous art teaches a similar face mask for iontophoresis. Pak teaches a display unit 230 of various forms for showing an on/off state and a skin diagnosis state C4L34-37. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include a display unit as taught by Pak to the device of BioSensor to more easily recognize a usage state and a further advantage of miniaturizing the apparatus C4L40-42.
Claims 2-4: further taught by Pak teaches the display unit includes an LED element that is turned on by electric energy supplied from the battery (C4L34-50);
the LED element changes in at least one of a flicker pattern, brightness or color depending on an intensity of the electric energy supplied from the battery (C4L40-50); the LED element is turned on for a predetermined amount of time from when the battery is activated (C4L47-50)
claim 5: BioSensor further comprising: a case that accommodates the base sheet and the liquid composition to be isolated from each other, and deisolates the base sheet and the liquid composition when a user applies a pressure to the case. Pg 20 paragraph 3-pg 21 first paragraph; pg 10 third full paragraph
claim 6: the battery includes: an anode 152 configured to receive the liquid composition; a cathode 151 configured to receive an oxygen from an air; and an electrolyte layer interposed between the anode and the cathode. Pg 18 last paragraph-pg 19 first paragraph; pg 22 paragraph 2
claim 7: the electrode unit includes: a first electrode pattern 120,S1 formed on a part of the base sheet and connected to an electrode of the battery; and a second electrode pattern 130,S2 formed on another part of the base sheet and spaced apart from the first electrode pattern, and connected to the other electrode of the battery.
Claim 8: the electrode unit is formed of a material containing silver (Ag) by sputtering on the base sheet. Pg 14 paragraph 3
Claim 9: the base sheet includes: a first sheet 155 that is a fibrous sheet to be in contact with the skin; and a second sheet (pg 14 paragraph 3) that is formed of a metal-containing material on the first sheet and is coupled to the electrode unit. Pg 22 last paragraph-pg 25 first paragraph
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANNA K HALL whose telephone number is (571)272-2819. The examiner can normally be reached M-F 8:30am- 4:30pm EST.
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/DEANNA K HALL/Primary Examiner, Art Unit 3783