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 .
Remarks
Claims 1-20, filed 05/10/2024, are currently pending and are under consideration.
Claim Objections
Claims 1, 2, 4, 5, 7, 10, 13-16, 19, and 20 are objected to because of the following informalities:
Claims 1, 4, 5, 7, 15, and 16 have commas around the phrase “of the substrate”. These commas are not necessary.
Claims 2, 7, 10, and 16 have commas around the phrases “of the inner shell” and “of the outer shell”. These commas are not necessary.
Claims 13, 14, 19, and 20 have commas around the phrase “of the face mask body”. These commas are not necessary.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 15 recite the limitation "face the face" in line 3. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests using “face the face of the person” to provide proper antecedence.
Claims 14 and 20 recite the limitation "the eye channel" in line 4. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests using "the annular eye channel" to provide proper antecedence.
Claims 2-13 and 16-19 are rejected based on their dependency on claims 1 and 15.
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 1-4, 8, 9, 11-13, 15, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Needham et al. (US Patent Application Publication 2024/0416141), hereinafter Needham.
Regarding claims 1 and 15, Needham discloses a beauty face mask (e.g. Abstract), comprising:
a face mask body, configured to cover a face of a person, and comprising an outer shell and an inner shell that is configured to face the face, wherein the outer shell and the inner shell enclose a mounting space (e.g. Fig. 2; Fig. 16: space in between inner layer 40 and outer layer 58; Par. [0056]; Par. [0058]); and
a light source assembly, disposed in the mounting space, and comprising a substrate, several light source modules, and a reflective member, wherein the several light source modules are arranged in an array on a surface, of the substrate, that faces the inner shell, and the reflective member is disposed on a side, of the substrate, that faces the inner shell, to reflect light emitted by the light source modules toward the inner shell (e.g. Pars. [0064]-[0065]: LEDs 22; Pars. [0059]-[0060]: reflective layer 47 and substrate layer 48; Fig. 16: LEDs 22a, b; Figs. 2, 12, 13, 14: LEDs 22); and
each of the light source modules comprises at least two lamp beads, the inner shell has several transparent areas, and each of the light source modules corresponds to one of the transparent areas, to emit light out of the inner shell from the corresponding transparent area (e.g. Fig. 16: LED assembly has two portions 22a and 22b; Par. [0066]: the inner layer is transmissive).
Regarding claim 2, Needham further discloses wherein the substrate is a flexible plate, and/or a surface, of the inner shell, that faces the light source assembly is formed as an arc surface that arches toward the outer shell, and the substrate is an arc surface, and is attached to a side, of the inner shell, that faces the outer shell (e.g. Par. [0026]: flexible material used; Figs. 2-5, 14: arc surface of the mask).
Regarding claim 3, Needham further discloses wherein the substrate comprises a plurality of sub-substrates, the plurality of sub-substrates are disposed adjacent to each other, and each of the sub-substrates corresponds to a different area on the surface of the inner shell (e.g. Fig. 14: multiple LED assemblies 22; Fig. 16: describing each LED assembly).
Regarding claim 4, Needham further discloses wherein the reflective member comprises several reflective covers disposed on the side, of the substrate, that faces the inner shell, and each of the reflective covers is disposed to cover the periphery of one light source module, to reflect light emitted by the light source module toward the inner shell (e.g. Par. [0060]: diffusers used with each assembly to direct the light).
Regarding claim 8, Needham further discloses wherein the light source assembly comprises a light guide disposed on a side, of each of the light source modules, that faces the inner shell, and the light guide is configured to guide light emitted by the light source module toward the inner shell (e.g. Par. [0060]).
Regarding claim 9, Needham further discloses wherein each of the light source modules corresponds to one light guide, and at least two adjacent light guides are connected into a whole (e.g. Fig. 16: LEDs 22a, b).
Regarding claims 11 and 17, Needham further discloses wherein the face mask body further comprises a window frame sandwiched between the outer shell and the inner shell, the outer shell is provided with a first observation window, the inner shell is provided with a second observation window, a third observation window for connecting the first observation window to the second observation window is formed on the window frame, and the window frame prevents light emitted by the light source assembly from leaking from the mounting space to the third observation window (e.g. Par. [0068]: openings 41, 42, and 43; Par. [0066]).
Regarding claims 12 and 18, Needham further discloses a window assembly, wherein the window assembly is detachably mounted on the face mask body and has an observation area corresponding to the third observation window (e.g. Par. [0066]: guards 25).
Regarding claims 13 and 19, Needham further discloses wherein the window assembly comprises an eye shield body, the eye shield body is detachably connected to a surface, of the face mask body, that faces away from the face of the person, and the eye shield body is disposed to cover the third observation window (e.g. Par. [0066]; Fig. 10).
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 5, 6, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Needham et al. (US Patent Application Publication 2024/0416141), hereinafter Needham, as applied to claims 1 and 15 above, and further in view of Binner (US Patent Application 2020/0001107).
Regarding claim 5, Needham fails to disclose wherein the light source assembly further comprises a spacer disposed on the side, of the substrate, that faces the inner shell, and the spacer comprises several light-transmitting holes disposed in an array, and at least a part of an end, of each of the reflective covers, that faces the inner shell is inserted and fastened in a corresponding light-transmitting hole. Binner, in a similar field of endeavor, is directed towards a facial phototherapy system. Binner discloses a spacer disposed on the side, of the substrate, that faces the inner shell, and the spacer comprises several light-transmitting holes disposed in an array, and at least a part of an end, of each of the reflective covers, that faces the inner shell is inserted and fastened in a corresponding light-transmitting hole (e.g. Par. [0048]; Fig. 4: apertures 36 on inner wall (spacer) 30).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Needham to include the spacer with light-transmitting holes as taught by Binner to provide the light therapy to the user’s face.
Regarding claim 6, Needham fails to disclose wherein the spacer comprises a plurality of sub-spacers, the plurality of sub-spacers are disposed adjacent to each other, and each of the sub-spacers corresponds to some of the reflective covers. Binner, in a similar field of endeavor, is directed towards a facial phototherapy system. Binner discloses a plurality of sub-spacers, the plurality of sub-spacers are disposed adjacent to each other, and each of the sub-spacers corresponds to some of the reflective covers (e.g. Fig. 4: apertures 36 adjacent to each other; Par. [0048]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Needham to include the sub-spacers with light-transmitting holes as taught by Binner to provide the light therapy to the user’s face.
Regarding claims 14 and 20, Needham further discloses wherein the window assembly comprises an eye support assembly, the eye support assembly is detachably connected to a surface, of the face mask body, that faces the face of the person, the eye support assembly encloses an annular eye channel, and the eye channel is connected to the third observation window (e.g. Fig. 10: eye guards 25; Par. [0066]). However, Needham fails to specifically disclose the eye support assembly configured to be supported on a nose bridge. Binner, in a similar field of endeavor, is directed towards a facial phototherapy system. Binner discloses an eye support assembly configured to be supported on a nose bridge (e.g. Pars. [0066]-[0067]: glasses 90 with legs to hold the device up on the user’s face; Fig. 4: channel 38, glasses assembly 90).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Needham to include the eye support assembly configured to be supported on a nose bridge as taught by Binner because doing would allow the user to properly wear the device and receive the light therapy.
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Needham et al. (US Patent Application Publication 2024/0416141), hereinafter Needham, as applied to claims 1 and 15 above, and further in view of Shuter et al. (US Patent Application Publication 2021/0322784), hereinafter Shuter.
Regarding claims 7 and 16, Needham further discloses wherein the reflective member comprises: a second reflective layer, wherein the second reflective layer is disposed on a surface, of the outer shell, that faces the inner shell (e.g. Fig. 15: reflective layer 47 facing inner layer 40). However, Needham fails to disclose wherein at least one of the first reflective layer, the second reflective layer, and the third reflective layer is a reflective coating or a reflective gasket. Shuter, in a similar field of endeavor, is directed towards a facial phototherapy device. Shuter discloses a reflective coating (e.g. Par. [0087]: reflective coating).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Needham to include a reflective coating as taught by Shuter to distribute the energy to the user (e.g. Shuter, par. [0087]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Needham et al. (US Patent Application Publication 2024/0416141), hereinafter Needham, as applied to claim 1 above, and further in view of Lee (EP 4,112,121).
Regarding claim 10, Needham fails to disclose wherein a surface, of the outer shell, that faces away from the inner shell is formed by splicing a plurality of polygonal sub-areas adjacent to each other, and/or a surface, of the outer shell, that faces the inner shell is formed by splicing a plurality of polygonal sub-areas adjacent to each other. Lee, in a similar field of endeavor, is directed towards an LED illuminator for a face. Lee discloses wherein a surface, of the outer shell, that faces away from the inner shell is formed by splicing a plurality of polygonal sub-areas adjacent to each other, and/or a surface, of the outer shell, that faces the inner shell is formed by splicing a plurality of polygonal sub-areas adjacent to each other (e.g. Par. [0075]; Fig. 5: polygon structures with light sources 240).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Needham to include the polygonal areas as taught by Lee because doing so would result in a facial mask without gaps that provides the light therapy to the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dijkstra (US 2024/0261587) is directed towards a wearable phototherapy device.
Zamani (US 2023/0147810) is directed towards a phototherapy face mask.
Ergas et al. (US 2023/0033993) is directed towards a phototherapy face mask.
Bhardwaj (US 2022/0339462) is directed towards a phototherapy face mask.
Tapper et al. (US 2016/0051834) is directed towards a phototherapy face mask with a charger.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHREYA P ANJARIA whose telephone number is (571)272-9083. The examiner can normally be reached M-F: 8:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached at 571-270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHREYA ANJARIA/Examiner, Art Unit 3796
/Jennifer Pitrak McDonald/Supervisory Patent Examiner, Art Unit 3796