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 1-20 are pending.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4-6, 10, 13-16, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nazarian (US 2023/0062185).
Re Claim 1, Nazarian discloses a facial irradiation device, the facial irradiation device comprising:
a facial mask (para. [0047], mask system 10) comprising:
an outer layer comprising a first surface facing towards the ambient and a second surface facing opposite to the first surface (para. [0047], fig. 2, outer layer 24),
a flexible Printed Circuit Board (PCB) attached to the outer layer, the flexible PCB comprising a third surface facing towards the second surface and a fourth surface facing opposite to the third surface (para. [0047], fig. 2, flexible PCB members 26),
a plurality of irradiation sources attached to the flexible PCB at the fourth surface (para. [0047], fig. 2, LEDs 16), and
an inner layer attached to the flexible PCB and/or the outer layer, the inner layer comprising a fifth surface facing towards the fourth surface and a sixth surface configured to be facing towards a facial region of a user (para. [0047], fig. 2, an inner layer 20);
a power source configured to provide electrical power (para. [0055], the mask assembly 40 includes a power source, such as a rechargeable battery and the requisite electronics); and
a control module comprising a processor and a memory unit operably connected to the processor, the memory unit comprising machine-readable instructions that when executed by the processor (para. [0040], processor), enable the processor to:
control supply of the electrical power to the plurality of irradiation sources, such that, the plurality of irradiation sources is configured to be operated in a plurality of operating modes (para. [0050], the mask system 10 includes a battery 28 and main PCB 30. One or more switches or buttons for turning the lights and vibration devices on and off and/or changing speeds of the amplitude of the vibration devices or the intensity of the lights. The switch(es) can also be used to change between different light ranges or wavelengths for different treatments).
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Re Claim 2, Nazarian discloses that the plurality of irradiation sources is selected from a group consisting of Light Emitting Diodes (LEDs) and lasers (para. [0044], light therapy (e.g., LED, or any type of light). Examples of LED skin therapy are described in U.S. Pat. Nos. 6,524,329 and 6,974,224, the entireties of which are incorporated by reference herein. U.S. Pat. Nos. 6,524,329 discloses laser.).
Re Claim 4, Nazarian discloses that the plurality of irradiation sources is attached to the fourth surface in accordance with a predetermined distribution pattern comprising a plurality of irradiation zones (fig. 17, para. [0066], the LED layer 160 may comprise a plurality of LEDs 165 that are configured to provide light therapy to a user's face).
Re Claim 5, Nazarian discloses that for operating the plurality of irradiation sources in an operating mode of the plurality of operating modes,
the processor is further enabled to receive a control input corresponding to the operating mode, from a user computing device, via a communication interface of the control module (para. [0055], user interface, buttons; para. [0058] discloses user interface that switch on and off different operating modes),
the control input comprising a wavelength assignment scheme, the wavelength assignment scheme comprising a plurality of respective wavelengths assigned to the plurality of irradiation zones (para. [0050], the mask system 10 includes a battery 28 and main PCB 30. One or more switches or buttons for turning the lights and vibration devices on and off and/or changing speeds of the amplitude of the vibration devices or the intensity of the lights. The switch(es) can also be used to change between different light ranges or wavelengths for different treatments).
Re Claim 6, Nazarian discloses that the plurality of irradiation zones are divided into a first group of irradiation zones, a second group of irradiation zones, and a third group of irradiation zones, such that:
the first group of irradiation zones is configured to be around a forehead region and a mouth region of the facial region (fig. 7 shows forehead and mouth regions, LEDs 16),
the second group of irradiation zones is configured to be around two eyes of the facial region (fig. 7 shows eye regions, LEDs 16), and
the third group of irradiation zones is configured to be around a nose region, a left side-cheek, a right side-cheek, and a jaw region of the facial region (fig. 7 shows side cheeks, nose regions, jaw region).
Re Claim 10, Nazarian discloses that the processor is further enabled to switch between the plurality of operating modes based on a control input received from a user computing device via a communication interface of the control module (para. [0055], user interface, buttons; para. [0058] discloses user interface that switch on and off different operating modes; para. [0050], One or more switches or buttons for turning the lights and vibration devices on and off and/or changing speeds of the amplitude of the vibration devices or the intensity of the lights. The switch(es) can also be used to change between different light ranges or wavelengths for different treatments).
Re Claim 13, Nazarian discloses that the inner layer is made up of a transparent silicone material (para. [0048], the inner layer 20 can be made of silicone).
Re Claim 14, Nazarian discloses a facial irradiation device, the facial irradiation device comprising:
a facial mask (para. [0047], mask system 10) comprising:
an outer layer comprising a first surface facing towards the ambient and a second surface facing opposite to the first surface (para. [0047], fig. 2, outer layer 24),
a flexible Printed Circuit Board (PCB) attached to the outer layer, the flexible PCB comprising a third surface facing towards the second surface and a fourth surface facing opposite to the third surface (para. [0047], fig. 2, flexible PCB members 26),
a plurality of irradiation sources attached to the flexible PCB at the fourth surface (para. [0047], fig. 2, LEDs 16), and
an inner layer attached to the flexible PCB and/or the outer layer, the inner layer comprising a fifth surface facing towards the fourth surface and a sixth surface configured to be facing towards a facial region of a user (para. [0047], fig. 2, an inner layer 20);
a power source configured to provide electrical power (para. [0055], the mask assembly 40 includes a power source, such as a rechargeable battery and the requisite electronics); and
a control module comprising a processor and a memory unit operably connected to the processor, the memory unit comprising machine-readable instructions that when executed by the processor (para. [0040], processor), enable the processor to:
control supply of the electrical power to the plurality of irradiation sources, such that, the plurality of irradiation sources is configured to be operated in a plurality of operating modes (para. [0050], the mask system 10 includes a battery 28 and main PCB 30. One or more switches or buttons for turning the lights and vibration devices on and off and/or changing speeds of the amplitude of the vibration devices or the intensity of the lights. The switch(es) can also be used to change between different light ranges or wavelengths for different treatments),
wherein the plurality of irradiation sources is attached to the fourth surface in accordance with a predetermined distribution pattern comprising a plurality of irradiation zones (fig. 17, para. [0066], the LED layer 160 may comprise a plurality of LEDs 165 that are configured to provide light therapy to a user's face), and
wherein for operating the plurality of irradiation sources in an operating mode of the plurality of operating modes, the processor is further enabled to receive a control input corresponding to the operating mode, from a user computing device via a communication interface of the control module (para. [0055], user interface, buttons; para. [0058] discloses user interface that switch on and off different operating modes), the control input comprising a wavelength assignment scheme, the wavelength assignment scheme comprising a plurality of respective wavelengths assigned to the plurality of irradiation zones (para. [0050], The mask system 10 includes a battery 28 and main PCB 30. One or more switches or buttons for turning the lights and vibration devices on and off and/or changing speeds of the amplitude of the vibration devices or the intensity of the lights. The switch(es) can also be used to change between different light ranges or wavelengths for different treatments.).
Re Claim 15, Nazarian discloses a method for operating a facial irradiation device in an operating mode of a plurality of operating modes, the method comprising:
providing a plurality of irradiation sources on a flexible Printed Circuit Board (PCB) (para. [0047], The LEDs 16 and the vibration devices 18 can be on the same flexible PCB member(s) 26) in accordance with a predetermined distribution pattern, the predetermined distribution pattern comprising a plurality of irradiation zones (fig. 17, para. [0066], the LED layer 160 may comprise a plurality of LEDs 165 that are configured to provide light therapy to a user's face);
receiving, by a processor of a control module, a control input corresponding to the operating mode, from a user computing device via a communication interface of the control module (para. [0055], user interface, buttons; para. [0058] discloses user interface that switch on and off different operating modes), the control input comprising a wavelength assignment scheme, the wavelength assignment scheme comprising a plurality of respective wavelengths assigned to the plurality of irradiation zones (para. [0050], The switch(es) can also be used to change between different light ranges or wavelengths for different treatments.); and
controlling, by the processor, supply of electrical power, from a power source, to the plurality of irradiation sources based on the wavelength assignment scheme (para. [0050], The mask system 10 includes a battery 28 and main PCB 30. One or more switches or buttons for turning the lights and vibration devices on and off and/or changing speeds of the amplitude of the vibration devices or the intensity of the lights. The switch(es) can also be used to change between different light ranges or wavelengths for different treatments.).
Re Claim 16, Nazarian discloses dividing the plurality of irradiation zones into a first group of irradiation zones, a second group of irradiation zones, and a third group of irradiation zones, such that: the first group of irradiation zones is located around a forehead region and a mouth region of the facial region (fig. 7 shows forehead and mouth regions, LEDs 16), the second group of irradiation zones is located around two eyes of the facial region (fig. 7 shows eye regions, LEDs 16), and the third group of irradiation zones is located around a nose region, a left side-cheek, a right side-cheek, and a jaw region of the facial region (fig. 7 shows side cheeks, nose regions, jaw region).
Re Claim 20, Nazarian discloses switching, by the processor, between the plurality of operating modes based on the control input received from a user computing device via a communication interface of the control module (para. [0055], user interface, buttons; para. [0058] discloses user interface that switch on and off different operating modes).
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Nazarian (US 2023/0062185) in view of Sedic (US 2017/0087379).
Re Claim 11, Nazarian discloses that the power source includes one or more rechargeable batteries (para. [0055], the mask assembly 40 includes a power source, such as a rechargeable battery and the requisite electronics).
Nazarian is silent regarding the control module comprises an indicator configured to indicate remaining capacity of the power source while in use.
However, Sedic discloses light-activated acne treatment device (abstract) and teaches a control module that comprises an indicator configured to indicate remaining capacity of the power source while in use (para. [0032], the one or more LEDs act as an indicator and may indicate treatment time, treatment intensity, battery power levels, mode setting, or any combination thereof.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Nazarian, by configuring the control module to comprise an indicator configured to indicate remaining capacity of the power source while in use, as taught by Sedic, for the purpose of providing battery power levels of the device (para. [0032]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Nazarian (US 2023/0062185) in view of Alexander et al. (US 5,913,883).
Re Claim 12, Nazarian discloses the claimed invention substantially as set forth in claim 1.
Nazarian is silent regarding the second surface including a plurality of protrusions configured to be in contact with the facial region of the user to maintain a predetermined gap between the inner layer and the facial region of the user.
However, Alexander discloses that pads (25) near the outer edge (26) engage to space the mask from the skin (abstract).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Nazarian, by configuring the second surface to include a plurality of protrusions configured to be in contact with the facial region of the user to maintain a predetermined gap between the inner layer and the facial region of the user, as taught by Alexander, for the purpose of protecting the facial skin from heat of the irradiation sources and allowing the light from the irradiation sources to distribute evenly across the treatment area.
Claims 3, 7-9, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nazarian (US 2023/0062185) in view of Cha (KR 20200009897 – Please refer to the translation copy), Colbaugh et al. (US 2016/0158486), and Park (KR 102019771 – Please refer to the translation copy).
Re Claims 3, 7, 8, and 9, Nazarian discloses the claimed invention substantially as set forth in claims 1 and 6.
Nazarian is silent regarding wherein the plurality of irradiation sources is configured to emit electromagnetic radiation in wavelengths of ranges comprising 525 - 540 nm, 585 - 595 nm, 625 - 640 nm, 655 - 665 nm, and 825 - 835 nm, wherein: irradiation sources in the first group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 625 - 640 nm, 655 - 665 nm, and 825 - 835 nm; irradiation sources in the second group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 525 - 540 nm; and irradiation sources in the third group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 585 - 595 nm, wherein the plurality of operating modes comprises: a first operating mode wherein the irradiation sources in the first group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 625 - 640 nm, 655 - 665 nm, and 825 - 835 nm; a second operating mode wherein the irradiation sources in the first group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 825 - 835 nm and the irradiation sources in the second group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 525 - 540 nm; a third operating mode wherein the irradiation sources in the third group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 585 - 595 nm; and a fourth operating mode wherein the irradiation sources in the first group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 625 - 640 nm, the irradiation sources in the second group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 525 - 540 nm, and the irradiation sources in the third group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 585 - 595 nm, wherein the plurality of operating modes comprises a fifth operating mode wherein the irradiation sources in the first group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 625 - 640 nm, 655 - 665 nm, and 825 - 835 nm, the irradiation sources in the second group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 525 - 540 nm, and the irradiation sources in the third group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 585 - 595 nm.
However, Cha discloses a mask device (abstract) and teaches a plurality of irradiation sources is configured to emit electromagnetic radiation in wavelengths of ranges comprising 625 - 640 nm, 655 - 665 nm, and 825 - 835 nm, wherein the irradiation sources in the first group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 625 - 640 nm, 655 - 665 nm, and 825 - 835 nm (page 3, The light source unit 130 is provided with a plurality of LEDs (RED LEDs) of the red wavelength of 600 to 700 nm band, and infrared LEDs (IR LEDs) of the 800 to 900 nm band, and the user's face, for example, forehead, cheeks. It can irradiate the light emitted to the skin of the area around the mouth and the jaw to improve skin tone and elasticity).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Nazarian, by configuring the plurality of irradiation sources to emit electromagnetic radiation in wavelengths of ranges comprising 625 - 640 nm, 655 - 665 nm, and 825 - 835 nm, wherein the irradiation sources in the first group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 625 - 640 nm, 655 - 665 nm, and 825 - 835 nm, as taught by Cha, for the purpose of improving skin tone and elasticity of forehead and mouth regions (page 3).
Cha is silent regarding irradiation sources in the second group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 525 - 540 nm; and irradiation sources in the third group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 585 - 595 nm.
However, Colbaugh discloses system for providing light therapy and modifying circadian rhythm (abstract) and teaches a plurality of irradiation sources is configured to emit electromagnetic radiation in wavelengths of ranges comprising 525 - 540 nm, wherein the irradiation sources in the second group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 525 - 540 nm (para. [0078], a first type of light therapy may use substantially continuous blue or green light (e.g. between about 430 nm and about 550 nm) at an illuminance level appropriate for either open or closed eyes. Such therapy may suppress melatonin, shift the zero-point of the phase of the circadian rhythm, and/or encourage the production of more cortisol. A second type of light therapy may use substantially continuous cyan/green light (e.g. between about 500 nm and about 530 nm) at an illuminance level appropriate for either open or closed eyes. Such therapy may suppress melatonin, shift the zero-point of the phase of the circadian rhythm, and/or encourage the production of more cortisol).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Nazarian as modified by Cha, by configuring the plurality of irradiation sources to emit electromagnetic radiation in wavelengths of ranges comprising 525 - 540 nm, wherein the irradiation sources in the second group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 525 - 540 nm, as taught by Colbaugh, for the purpose of suppressing melatonin, shifting the zero-point of the phase of the circadian rhythm, and/or encouraging the production of more cortisol (para. [0078]) to adjust people’s sleep schedule (para. [0081]).
Colbaugh is silent regarding irradiation sources in the third group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 585 - 595 nm.
Park discloses light therapy device and teaches a plurality of irradiation sources is configured to emit electromagnetic radiation in wavelengths of ranges comprising 585 - 595 nm, wherein irradiation sources in the third group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 585 - 595 nm (page 7, The both cheeks are irradiated with yellow light having a wavelength range of 570-590 nm having an effect of improving skin aging due to wrinkles, or by mixing infrared rays having a wavelength range of 800-1200 nm with red light having a wavelength range of 630-700 nm. The jaw portion is irradiated with yellow light having a wavelength band of 570-590 nm having a wound healing effect according to the wound, or irradiated with red light having a wavelength band of 630-700 nm.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Nazarian as modified by Cha and Colbaugh, by configuring a plurality of irradiation sources to emit electromagnetic radiation in wavelengths of ranges comprising 585 - 595 nm, wherein irradiation sources in the third group of irradiation zones are configured to emit electromagnetic radiation of wavelengths 585 - 595 nm, as taught by Park, for the purpose of improving wrinkles and providing a wound healing effect (page 7).
Furthermore, it would have been obvious to one of ordinary skill in the art, to modify Nazarian as modified by Cha, Colbaugh, and Park, by configuring the plurality of operating modes to comprise: a first operating mode wherein the irradiation sources in the first group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 625 - 640 nm, 655 - 665 nm, and 825 - 835 nm; a second operating mode wherein the irradiation sources in the first group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 825 - 835 nm and the irradiation sources in the second group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 525 - 540 nm; a third operating mode wherein the irradiation sources in the third group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 585 - 595 nm; and a fourth operating mode wherein the irradiation sources in the first group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 625 - 640 nm, the irradiation sources in the second group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 525 - 540 nm, and the irradiation sources in the third group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 585 - 595 nm, wherein the plurality of operating modes comprises a fifth operating mode wherein the irradiation sources in the first group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 625 - 640 nm, 655 - 665 nm, and 825 - 835 nm, the irradiation sources in the second group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 525 - 540 nm, and the irradiation sources in the third group of irradiation zones are activated to emit the electromagnetic radiation with the wavelengths of 585 - 595 nm, as taught by Cha, Colbaugh, and Park, for the purpose of improving skin tone and elasticity of forehead and mouth regions (Cha, page 3), suppressing melatonin, shifting the zero-point of the phase of the circadian rhythm, and/or encouraging the production of more cortisol (Colbaugh, para. [0078]) to adjust people’s sleep schedule (Colbaugh, para. [0081]), and improving wrinkles and providing a wound healing effect (Park, page 7) and because such a modification is the result of combining prior art elements according to known methods to yield predictable results. A person of ordinary skill would have appreciated including in Nazarian the ability to do treatment of Cha, Colbaugh, and Park in various combinations since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Re Claims 17-19, Claims 17-19 are rejected under substantially the same basis as claims 3, 7, 8, and 9.
Conclusion
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/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
/V.V.H./
Vynn Huh, February 21, 2026Examiner, Art Unit 3792