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 .
Response to Amendment
The amendments made to claim 18 in the response filed on 1/20/2026 are acknowledged.
Claims 1-7 and 18-20 are still pending in the application and are examined below.
Response to Arguments
Applicant's arguments, see page 5, filed 1/20/2026, with respect to the drawing objections have been fully considered but are not persuasive. Therefore, the drawing objections will be maintained. The first interface (100) and its adhesive (110) were labeled via the written specification and drawings, while the second interface and its adhesive are not shown or labeled in the written specification and drawings. The claimed subject matter is not shown in the drawings.
Applicant's arguments, see pages 5-6, filed 1/20/2026, with respect to the rejection of claim 1-3 under 35 U.S.C. 102 have been fully considered but are not persuasive. Please see argument below.
Applicant argues “In describing Fig. 2, Alaguero discloses that it "represents a view of a face in which several neodymium magnets are glued." No additional information is provided, and nowhere does Alaguero disclose or suggest that "the first interface is configured to attach to skin of a patient such that the first magnet does not contact the skin," as claimed. Based on the view of Fig. 2, it appears that the magnets do (or at least could) contact the skin of the patient. Accordingly, Applicant respectfully submits that Alaguero fails to disclose or suggest the elements of Claim 1”; however, examiner respectfully disagrees. In Alaguero, it was disclosed that the neodymium magnets are glued to the user’s face using body glue or double-sided tape (paragraph 19); therefore, the first magnets do not contact the skin since there is a material (body glue or double-sided tape) between the user’s skin and the first magnets.
Applicant's arguments, see pages 6-7, filed 1/20/2026, with respect to the rejection of claim 18 under 35 U.S.C. 102 have been fully considered but are not persuasive. Please see argument below.
Applicant argues “Independent Claim 18 is amended herein to recite similar elements, and Applicant respectfully submits that Moustafa also fails to disclose or suggest that "the first interface is configured to attach to skin of a patient on a first side of a skin wound such that the first magnet does not contact the skin," as claimed. Moustafa discloses only that there is "an adhesive layer that adheres the magnets to the patients skin." (Abstract.) However, the description and figures of Moustafa do not address whether the magnet contacts the user's skin. From the figures of Moustafa (e.g., Fig. 3), it is apparent that the magnets do (at least could) contact the skin of the patient”; however, examiner respectfully disagrees. In Moustafa, each magnet (figure 1a/1b - 14a/14b) has an adhesive layer (figure 1a/1b - 20a/20b) that is between the user’s skin (figure 2a - 54) and the magnets (14a/14b) (paragraph 0038/0041). Therefore, the magnets (14a/14b) are not contacting the skin; it is the adhesive layer (20a/20b) that is contacting the skin (paragraph 0042).
Applicant's arguments, see page 7, filed 1/20/2026, with respect to the rejection of claims 4-7 and 19 under 35 U.S.C. 103 have been fully considered but are not persuasive. Please see arguments above.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second interface and its adhesive must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alaguero (ES 1255401 U).
Regarding claim 1, Alaguero discloses a treatment system (figure 1/figure 2, a standard mask with neodymium magnets: paragraph 18-19), comprising: a first interface (A – see annotated figure 1, the neodymium magnets are attached to the user’s face using body glue or double-sided tape: paragraph 19) having a first side (see annotated figure 1, the first side faces the user) that includes an adhesive (see annotated figure 1, the first side includes the body glue or double-sided tape that adheres the neodymium magnets to the user’s face: paragraph 19) and a second side (see annotated figure 1, the second side faces away from the user) that includes a first magnet (4 – see annotated figure 1, neodymium magnets: paragraph 19) (see annotated figure 1, the second side includes a first magnet [4] that faces away from the user), wherein the first interface (A) is configured to attach to skin of a patient such that the first magnet (4) does not contact the skin (figure 2, the first interface [A] has an adhesive one side is configured to attach to the skin of the patient; because of the adhesive, the first magnet [4] does not contact the skin: paragraph 19); and a second interface (1/2 – figure 1, a face mask and neodymium magnets: paragraph 18) that includes a medical device (1 – figure 1, a mask made of a protective material: paragraph 18) and a second magnet (2/3 – figure 1, neodymium magnets: paragraph 18) mounted to the medical device (1) (figure 1, the second magnet [2/3] is mounted in the medical device [1]: paragraph 10/18), wherein the second magnet (2/3) is configured to magnetically bind to the first magnet (4) such that the medical device (1) is secured to the patient (figure 1/figure 2, the second magnet [2/3] binds to the first magnet [4] to allow the medical device [1] to remain fixed to the user’s face: paragraph 01/18-19).
PNG
media_image1.png
422
502
media_image1.png
Greyscale
Annotated figure 1: magnet attaches to the face via adhesive layer
Regarding claim 2, Alaguero discloses the invention as discussed in claim 1. Alaguero further discloses wherein the medical device (1) comprises a breathing mask (figure 1, the medical device [1] is a mask composed of a protective material: paragraph 01/18).
Regarding claim 3, Alaguero discloses the invention as discussed in claim 1. Alaguero further discloses wherein the second magnet (2/3) is embedded within the medical device (1) (the second magnets [2] can be between textile layers of the medical device [1]: paragraph 10).
Claims 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moustafa (US 20140214078 A1).
Regarding claim 18, Moustafa discloses a treatment system (10 – figure 1A, a wound closure assembly: paragraph 0036) comprising: a first interface (B – see annotated figure 2, a first interface) that includes a first adhesive (20a – see annotated figure 2, an adhesive bottom layer: paragraph 0038) and a first magnet (14a – see annotated figure 2, a magnet: paragraph 0038) attached to the first adhesive (20a) (the first magnet [14a] is attached to the first adhesive [20a]: paragraph 0038), wherein the first interface (B) is configured to attach to skin of a patient on a first side of a skin wound such that the first magnet (14a) does not contact the skin (see annotated figure 2, the first interface [B] is attached to the skin via the first adhesive [20a] on the first side of the skin wound [left side in annotated figure]; therefore, the first magnet [14a] does not contact the skin: paragraph 0038); and a second interface (C– see annotated figure 2, a second interface) that includes a second adhesive (20b – see annotated figure 2, an adhesive bottom layer: paragraph 0038) and a second magnet (14b – see annotated figure 2, a magnet: paragraph 0038) attached to the second adhesive (20b) (the second magnet [14b] is attached to the second adhesive [20b]: paragraph 0038), wherein the second interface (C) is configured to attach to the skin of the patient on a second side of the skin wound (see annotated figure 2, the second interface [C] is attached to the skin via the second adhesive [20b] on the second side of the skin wound [right side of the annotated figure]: paragraph 0038), and wherein the second magnet (14b) is configured to attach to the first magnet (14a) such that the skin wound is closed (figure 3, the purpose of the first [14a] and second magnet [14b] is to draw the edges of a wound close together: abstract/paragraph 0038/0044).
PNG
media_image2.png
327
475
media_image2.png
Greyscale
Annotated figure 2: wound closing assembly of Moustafa
Regarding claim 20, Moustafa discloses the invention as discussed in claim 18. Moustafa further discloses wherein the first magnet (14a) comprises a first magnetic strip (figure 4, the first magnet [14a] comprises a first magnetic strip) that conforms to the first side of the skin wound (figure 4, the first magnetic strip is on the left side of the wound in the figure), and wherein the second magnet (14b) comprises a second magnetic strip (figure 4, the second magnet [14b] comprises a second magnetic strip) of a same size and shape as the first magnetic strip (figure 4, the first and second magnetic strip are the same size and shape: paragraph 0044).
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 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Alaguero (ES 1255401 U) in view of Moustafa (US 20180168653 A1).
Regarding claim 4, Alaguero discloses the invention as discussed in claim 1.
However, Alaguero fails to disclose wherein the first magnet comprises a first magnetic strip that conforms to a face of the patient, and wherein the second magnet comprises a second magnetic strip of a same size and shape as the first magnetic strip.
Moustafa teaches wherein an analogous first magnet (12a – figure 1, a first magnet: paragraph 0039) comprises a first magnetic strip that conforms to a face of the patient (the first magnet [12a] is a flexible elongated strip that is capable of flexing along the longitudinal axis: paragraph 0039), and wherein an analogous second magnet (12b – figure 1, a second magnet: paragraph 0039) comprises a second magnetic strip (the second magnet [12b] is a flexible elongated strip that is capable of flexing along the longitudinal axis: paragraph 0039) of a same size and shape as the first magnetic strip (figure 1, the first [12a] and second magnet [12b] can be the same in size and shape [see paragraph 0047-0048]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second magnet of Alaguero to be a first magnetic strip and second magnetic strip that are the same size and shape as taught by Moustafa in order to provide a treatment system that has an improved first and second magnet to maximize the attractive force between the two magnets (abstract/paragraph 0013-0014, Moustafa).
Regarding claim 6, Alaguero discloses the invention as discussed in claim 1. Alaguero further discloses the first magnet (4) comprises neodymium (the first magnet [4] are neodymium magnets: paragraph 19).
However, Alaguero fails to explicitly disclose wherein the first magnet comprises a strip.
Moustafa teaches wherein an analogous first magnet (12a – figure 1, a first magnet: paragraph 0039) comprises a strip (the first magnet [12a] is a flexible elongated strip that is capable of flexing along the longitudinal axis: paragraph 0039).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first magnet of Alaguero to be a strip as taught by Moustafa in order to provide a treatment system that has an improved first magnet to better conform with the patient’s skin due to its material property (paragraph 0009/0039, Moustafa).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Alaguero (ES 1255401 U) in view of Freeman (US 5681579 A).
Regarding claim 5, Alaguero discloses the invention as discussed in claim 1.
However, Alaguero fails to disclose wherein the adhesive comprises a hydrocolloid dressing.
Freeman teaches wherein an analogous adhesive (15 – figure 2, an adhesive layer on the polymeric support layer [12]: column 5, lines 66-67/column 6, lines 1-4) comprises a hydrocolloid dressing (the adhesive [15] comprises the hydrocolloid-containing polymeric support layer [12]: abstract/column 3, lines 19-22/column 5, lines 1-29).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the adhesive of Alaguero with a hydrocolloid dressing as taught by Freeman in order to provide a treatment system that has an improved adhesive to provide pathways for the rapid absorption and uptake of body fluids to remove moisture from where the medical device is attached to on the user’s face (column 5, lines 67 & column 6, lines 1-3).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Alaguero (ES 1255401 U) in view of Kurokawa (JP 2005328907 A).
Regarding claim 7, Alaguero discloses the invention as discussed in claim 1.
However, Alaguero fails to disclose wherein the second side of the first interface also includes the adhesive such that the first magnet is embedded within the adhesive.
Kurokawa teaches wherein an analogous second side of the first interface (D – see annotated figure 3, a second side of the first interface) also includes an analogous adhesive (1 – see annotated figure 3, an adhesive pad made of silicone-based material: paragraph 0009-0010/0014) such that an analogous first magnet (4 – see annotated figure 3, a magnet such as neodymium: paragraph 0010) is embedded within an analogous adhesive (1) (see annotated figure 3, the magnet [4] is embedded into the adhesive [1]: paragraph 0009).
PNG
media_image3.png
200
447
media_image3.png
Greyscale
Annotated figure 3: magnet embedded within the adhesive
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positioning of the first magnet of Alaguero such that the first magnet is embedded into the adhesive on the second side of the first interface as taught by Kurokawa in order to provide a treatment system that has an improved positioning that does not require the magnet to be removed or attached to the adhesive during use (paragraph 0014, Kurokawa).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Moustafa (US 20140214078 A1) in view of Kurokawa (JP 2005328907 A).
Regarding claim 19, Moustafa discloses the invention as discussed in claim 18. Moustafa further discloses a first magnet (14a), first adhesive (20a), second magnet (14b), and second adhesive (20b).
However, Moustafa fails to explicitly disclose wherein the first magnet is embedded within the first adhesive and the second magnet is embedded within the second adhesive.
Kurokawa teaches wherein an analogous magnet (4 – see annotated figure 3, a magnet such as neodymium: paragraph 0010) is embedded within the adhesive ((1) (see annotated figure 3, the magnet [4] is embedded into the adhesive [1]: paragraph 0009).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positioning of the first and second magnets of Moustafa such that they are embedded in the first and second adhesive, respectively, as taught by Kurokawa in order to provide a treatment system that has an improved positioning that does not require the magnets to be removed or attached to the adhesives during use (paragraph 0014, Kurokawa).
Conclusion
THIS ACTION IS MADE FINAL. 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 ANDREW JUN-WAI MOK whose telephone number is (703)756-4605. The examiner can normally be reached 8am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at (571) 270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW JUN-WAI MOK/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786