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 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.
Claim(s) 1-2,5-6,8-11,13-14,17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tapper et al. (US 20150134033), cited previously, in view of Lee (KR 20220042012).
Regarding claim 1, Tapper discloses A face covering device, comprising: a base 150 configured to cover at least a portion of a user's face and having formed therein a first eye opening 152, 172, 170 and a second eye opening 152, 172, 170 (Fig. 15, section 0053, an outer shield including a see-through slot, an inner reflective shield, and eyeglass assembly, and LED strips); a plurality of light emitting diodes (LEDs) 158 coupled to the base and configured to emit light toward and to skin of the user's face with the base covering at least the portion of the user's face (Fig. 15, section 0002, 0053-0054, light-based skin therapy treatments for improving skin health, such as anti-aging enhancement or acne prevention, using light-emitting diode (LED) light therapy Layer 160 is preferably affixed to the inside of the outer layer 150 and then the LED strips are affixed to the layer 160. The strips 158 still remain recessed relative to the inner surface 162 of the inner shield ); and a support assembly 20, 156 coupled to the base (Figs. 3-4,15) and comprising: a first eye support comprising a first eyebrow support 20 and a first portion of a nose support 26 that together define a first eye support opening (Figs. 3-4, 15, section 0037, The wall structure 10 is mounted on a support frame 20 connected via snap-out pivotal connections 22 which allows the wall structure to adjust position via a slight pivot relative to the frame 20. The frame 20 also includes protective lenses 24 and a nose bridge), wherein the first eye support is configured to prevent the light emitted toward the user's face from passing through the first eye support opening (Section 0009, the device is mounted to the user with a frame comprising an eyeglass frame or goggles including lenses for shielding the user's eyes from lamp radiation), and a second eye support comprising a second eyebrow support 20 and a second portion of the nose support 26 that together define a second eye support opening (Figs. 3-4, 15, section 0037, The wall structure 10 is mounted on a support frame 20 connected via snap-out pivotal connections 22 which allows the wall structure to adjust position via a slight pivot relative to the frame 20. The frame 20 also includes protective lenses 24 and a nose bridge), wherein the second eye support is configured to prevent the light emitted toward the user's face from passing through the second eye support opening (Section 0009, the device is mounted to the user with a frame comprising an eyeglass frame or goggles including lenses for shielding the user's eyes from lamp radiation).
However, Tapper does not show the support assembly including a compressible material coated by a protective coating. Lee discloses LED face mask with supporting eye protection assembly 300, the support assembly including a compressible material coated by a protective coating (Page 6, lines 8-11, the eye protection unit 300 is installed one at a time along the edges of each eye opening hole 112 and 114 to be in close contact with the wearer's eyes to block the light emitted from the eyes. The eye protection unit 300 may be formed of a silicone rubber material, a latex material, or a synthetic resin foam such as a sponge or urethane). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Tapper by adding the support assembly including a compressible material coated by a protective coating as taught by Lee in order to facilitate comfortable eye protection to block the light from entering the eye area.
Regarding claim 2, Tapper discloses the support assembly 20 has a shape that follows a shape of eyebrows, an inner side of a left eye, an inner side of a right eye, and a nose (Figs. 7, 9-10 show glasses/goggles with a curve shape that flow shape of eyebrows).
Regarding claim 5, Tapper in view of Lee, Specfically Lee discloses the support assembly is configured to form a seal against the user's face (Page 6, lines 8-11, the eye protection unit 300 is installed one at a time along the edges of each eye opening hole 112 and 114 to be in close contact with the wearer's eyes to block the light emitted from the eyes. The eye protection unit 300 may be formed of a silicone rubber material, a latex material, or a synthetic resin foam such as a sponge or urethane). This allows for comfortable eye protection to block the light from entering the eye area.
Regarding claim 6, Tapper in view of Lee, Specfically Lee discloses the support assembly is configured to dynamically conform to the user's face (Page 6, lines 8-11, the eye protection unit 300 is installed one at a time along the edges of each eye opening hole 112 and 114 to be in close contact with the wearer's eyes to block the light emitted from the eyes. The eye protection unit 300 may be formed of a silicone rubber material, a latex material, or a synthetic resin foam such as a sponge or urethane). This allows for comfortable eye protection to block the light from entering the eye area.
Regarding claim 8, Tapper in view of Lee, Specfically Lee discloses wherein the compressible material includes foam, and the protective coating includes silicone (Page 6, lines 8-11, the eye protection unit 300 is installed one at a time along the edges of each eye opening hole 112 and 114 to be in close contact with the wearer's eyes to block the light emitted from the eyes. The eye protection unit 300 may be formed of a silicone rubber material, a latex material, or a synthetic resin foam such as a sponge or urethane). This allows for comfortable eye protection to block the light from entering the eye area.
Regarding claim 9, Tapper in view of Lee, specfically Tapper discloses the support assembly is configured to facilitate supporting of the base 50, 150 over at least the portion of the user's face (Section 0012, the mask is secured it can be adjusted upward, for chin to forehead coverage ).
Regarding claim 10, Tapper in view of Lee, specfically Tapper discloses a support configured to be worn on a head of the user with the base covering at least the portion of the user's face (Section 0012, the mask is secured it can be adjusted upward, for chin to forehead coverage).
Regarding claim 11, Tapper discloses a base 150 configured to cover at least a portion of a user's face, wherein the base has a first eye opening 152, 172, 170 and a second eye opening 152, 172, 170 (Fig. 15, section 0053, an outer shield including a see-through slot, an inner reflective shield, and eyeglass assembly, and LED strips); a plurality of light emitting diodes LEDs 158 coupled to the base and configured to emit light toward and to skin of the user's face with the base covering at least the portion of the user's face (Fig. 15, section 0002, 0053-0054, light-based skin therapy treatments for improving skin health, such as anti-aging enhancement or acne prevention, using light-emitting diode (LED) light therapy Layer 160 is preferably affixed to the inside of the outer layer 150 and then the LED strips are affixed to the layer 160. The strips 158 still remain recessed relative to the inner surface 162 of the inner shield); and a support assembly 20, 156 coupled to the base, the support assembly 20, 156 comprising: a nose support 26 configured to contact at least a portion of the user's nose with the base covering at least the portion of the user's face (Figs. 3-4, 15, section 0037, The wall structure 10 is mounted on a support frame 20 connected via snap-out pivotal connections 22 which allows the wall structure to adjust position via a slight pivot relative to the frame 20. The frame 20 also includes protective lenses 24 and a nose bridge), a first eyebrow support 20 configured to contact at least one of an orbital bone of the user and a first one of a-the user's eyebrows with the base covering at least the portion of the user's face (Figs. 4, 9, top of glasses the left and right side of frame 20 above the nose support 26 will hit top of orbital bones by each eyebrow on the forehead when placed on user), and a second eyebrow support configured to contact at least one of the orbital bone of the user and a second one of the user’s eyebrows with the base covering at least the portion of the user's face; wherein a height of one or more of the nose support and the first and second eyebrow supports is configured to position the plurality of LEDs at a distance from the user's face with the base covering at least the portion of the user's face (Fig. 7 shows the distance of the support glasses from the base mask).
However, Tapper does not show the support assembly including a foam coated by silicone. Lee discloses LED face mask with supporting eye protection assembly 300, the support assembly including a foam coated by silicone (Page 6, lines 8-11, the eye protection unit 300 is installed one at a time along the edges of each eye opening hole 112 and 114 to be in close contact with the wearer's eyes to block the light emitted from the eyes. The eye protection unit 300 may be formed of a silicone rubber material, a latex material, or a synthetic resin foam such as a sponge or urethane). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Tapper by adding the support assembly including the support assembly including a foam coated by silicone as taught by Lee in order to facilitate comfortable eye protection to block the light from entering the eye area.
Regarding claim 13, Tapper in view of Lee, specfically Tapper discloses the distance of each LED of the plurality of LEDs from the user's face is substantially equal for each LED (Figs. 6-9, section 0039, it can be seen that the individual lamps 12, and associated inner wall apertures 70, are disposed to treat the most common areas benefiting from the therapy).
Regarding claim 14, Tapper in view of Lee, specfically Tapper discloses the distance of at least one LED of the plurality of LED from the user's face is different from the distance of at least one other of the plurality of LEDs from the user's face (Figs. 6-9, section 0039, it can be seen that the individual lamps 12, and associated inner wall apertures 70, are disposed to treat the most common areas benefiting from the therapy).
Regarding claim 17, Tapper discloses a face covering device, comprising: a rigid base 50, 150 having a forehead portion configured to be worn at least partially over a user's forehead (Figs. 4, 9, top of glasses the left and right side of frame 20 above the nose support 26 will hit top of orbital bones by each eyebrow on the forehead when placed on user), a nose portion 26 configured to be worn at least partially over the user's nose and cheeks, and a chin portion configured to be worn at least partially over the user's chin (Figs. 4, 9, 15, section 0012, mask 50, 150 covers the entire face that includes the forehead, nose, and chin. the mask is secured it can be adjusted upward, for chin to forehead coverage); a light assembly 158 coupled to the rigid base and configured to emit light toward and to skin of the user's face (Fig. 15, section 0002, 0053-0054, light-based skin therapy treatments for improving skin health, such as anti-aging enhancement or acne prevention, using light-emitting diode (LED) light therapy Layer 160 is preferably affixed to the inside of the outer layer 150 and then the LED strips are affixed to the layer 160. The strips 158 still remain recessed relative to the inner surface 162 of the inner shield); and padding 192, 192” coupled to the base, configured to prevent the light emitted toward the user's face from entering the user's eyes, and configured to form a seal against the user's face (Section 0009, 0055, The device is mounted to the user with a frame comprising an eyeglass frame or goggles including lenses for shielding the user's eyes from lamp radiation. radiant light blocking goggles).
However, Tapper does not show padding comprising foam coupled to the base. Lee discloses LED face mask with supporting eye protection assembly 300, padding comprising foam coupled to the base (Page 6, lines 8-11, the eye protection unit 300 is installed one at a time along the edges of each eye opening hole 112 and 114 to be in close contact with the wearer's eyes to block the light emitted from the eyes. The eye protection unit 300 may be formed of a silicone rubber material, a latex material, or a synthetic resin foam such as a sponge or urethane). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Tapper by adding padding comprising foam coupled to the base as taught by Lee in order to facilitate comfortable eye protection to block the light from entering the eye area.
Regarding claim 20, Tapper in view of Lee, specfically Lee discloses the foam is coated with silicone (Page 6, lines 8-11, the eye protection unit 300 is installed one at a time along the edges of each eye opening hole 112 and 114 to be in close contact with the wearer's eyes to block the light emitted from the eyes. The eye protection unit 300 may be formed of a silicone rubber material, a latex material, or a synthetic resin foam such as a sponge or urethane). This allows for comfortable eye protection to block the light from entering the eye area.
Claim Objections
Claims 3-4, 12, 15, 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 JON ERIC C MORALES whose telephone number is (571)272-3107. The examiner can normally be reached Monday-Friday 830AM-530PM CST.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/Primary Examiner, Art Unit 3796