Prosecution Insights
Last updated: October 25, 2026
Application No. 18/762,901

THERAPEUTIC EYE MASK WITH SLIDING EYE PODS

Final Rejection §103
Filed
Jul 03, 2024
Priority
Jul 06, 2023 — provisional 63/512,109
Examiner
BLAISE, BRADFORD CHRISTOPHER
Art Unit
3781
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
The Hilsinger Company Parent LLC
OA Round
2 (Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
1y 2m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
185 granted / 306 resolved
-9.5% vs TC avg
Strong +31% interview lift
Without
With
+31.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
40 currently pending
Career history
340
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
44.8%
+4.8% vs TC avg
§102
17.6%
-22.4% vs TC avg
§112
32.5%
-7.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 306 resolved cases

Office Action

§103
DETAILED ACTION NOTICE OF PRE-AIA OR AIA STATUS 1. 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 2. Applicant’s Amendment filed July 24, 2026 (“07/24/26 Amendment") has been entered, and fully considered. 3. In the 07/24/26 Amendment: claims 1 & 14 were amended; claims 2-13 & 15-20 were cancelled; & claims 21-36 were newly added. 4. Therefore, claims 1, 14, & 21-36 are now pending in the application. 5. The 07/24/26 Amendment has overcome the claim rejections under §§ 102 & 103 previously set forth in the Non-Final Office Action mailed 04/28/26 (“04/28/26 Action”). 6. New grounds of rejection under § 103 are set forth herein, necessitated by Applicant’s Amendment. CLAIM REJECTIONS - 35 USC § 103 7. 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. 8. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 9. Claims 1, 14, 21-25, 27-34, & 36 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 2019/0216639 to Bruder ("Bruder") in view of CN 214909133U to Zheng (“Zheng”) [made of record in Applicant’s 12/17/25 IDS; NOTE: Citations to the text of Zheng herein will be to the machine translation (referencing the *.pdf page #) previously cited as an NPL in the 04/28/26 FORM PTO-892]. 10. Regarding claim 1, Bruder teaches a therapeutic eye mask for delivering thermal therapy to an eye region of a user [¶[0094]; FIGS. 35-42], the mask comprising: a strap for removably holding the therapeutic eye mask in place over the eye region of the user [securing strap (1124) - ¶[0094]; FIG. 35]; first and second eye coverage portions [see ¶[0094] (“...two separate eye coverage portions 1120, each configured to deliver moist heat therapy... The mask 1100 is configured to be worn on the head of a human or animal patient with one of the eye coverage portions 1120 positioned over each eye of the patient”); FIGS. 35-36], each of the first and second eye coverage portions [(1120)] comprising: a front side [(1126); FIG. 41] and a back side [(1128); FIG. 41] opposite the front side, the front side [(1126)] configured to contact the eye region of the user when the mask is worn, and the back side [(1128)] configured to be directed away from the user when the mask is worn [see ¶[0094] (“Each eye coverage portion 1120 has a front side or end 1126, configured to rest against the face of the patient (the inner or patient treatment side of the compress), and a back side or end 1128 opposite the front side or end (the outer or distal side of the compress)”)]; and an outer cover [outer cover (1130) - ¶[0095]; FIGS. 38-42] and an inner pouch [inner pouch (1136) - ¶[0095]; FIGS. 39-42], the inner pouch [(1136)] containing a granular hydrophilic fill material [fill material (1140) - ¶[0099]] configured to repeatedly absorb and release moisture and heat when used [see ¶[0099] (“the fill material 1140 is loosely contained within the inner pouch 1136 and comprises a synthetic porous crystalline granular aluminosilicate zeolite—e.g., a hydrophilic natural or synthetic zeolite, also referred to as a molecular sieve material—or other substances with similar properties. In the depicted embodiment, the fill material 1140 comprises a multiplicity of individual solid beads or granules that absorb and release moisture while generally maintaining their individual solid shape and consistency”); FIGS. 40-42]. PASSAGEWAY THROUGH THE OUTER COVER As noted above, Bruder teaches a securing strap (1124) for removably holding the therapeutic eye mask in place over the eye region of the user [e.g., FIG. 35]. Bruder further teaches optionally including an upper attachment strip along the top edge of the eye coverage portion [see ¶[0095]]. In Bruder, the securing strap (1124) appears to be fixed to the eye coverage portions. As such, Bruder does not teach: wherein at least one of the first and second eye coverage portions includes a passageway through the outer cover with first and second openings at opposed sides of the eye coverage portion, and wherein the strap extends through the passageway, allowing the at least one eye coverage portion to slide along the strap and reposition the at least one eye coverage portion relative to the other eye coverage portion to adjust a spacing between the first and second eye coverage portions. Zheng, in a similar field of endeavor, teaches a wearable mask [adjustable steam eye shade - Abstract, pg. 1], comprising: a first coverage portion [first independent eye ring/loop (5) - pg. 3; FIGS. 1-5] comprising: a first front side [inward-facing side including contact ring part (6) - pg. 3; FIG. 5] and a first back side opposite the first front side [the outward-facing side - seen in FIG. 2], the first front side [(6)] configured to contact a first portion of a body of a user [a first eye] when the wearable mask is worn [see pg. 3 (“the contact ring part 6 which is used for supporting around the human eye”)], and the first back side configured to be directed away from the first portion when the wearable mask is worn [shown in FIG. 2]; a first opening and a second opening [the first/second openings of the internal sliding grooves of the eye ring/loop (5) - see pg. 3 (“the independent eye loops 5 are internally provided with sliding grooves, the independent eye loops 5 can be sleeved on the elastic band 4 through the sliding grooves”); pg. 3 (“two 3D independent eye loops 5, and is adjusted to adapt to all facial shapes by moving the two independent eye loops 5 on the elastic band 4”)]; and a first passageway extending from the first opening to the second opening [sliding groove, as noted above]; and a second coverage portion [second independent eye ring/loop (5) - pg. 3; FIGS. 1-5] comprising: a second front side [inward-facing side including contact ring part (6) - pg. 3; FIG. 5] and a second back side opposite the second front side [the outward-facing side - seen in FIG. 2], the second front side [(6)] configured to contact a second portion [second eye] of the body of the user when the wearable mask is worn [see pg. 3 (“the contact ring part 6 which is used for supporting around the human eye”)] and the second back side configured to be directed away from the second portion when the wearable mask is worn [shown in FIG. 2], the second coverage portion further comprising: a first opening and a second opening [the first/second openings of the internal sliding grooves of the second eye ring/loop (5) - see pg. 3 (“the independent eye loops 5 are internally provided with sliding grooves, the independent eye loops 5 can be sleeved on the elastic band 4 through the sliding grooves”); pg. 3 (“two 3D independent eye loops 5, and is adjusted to adapt to all facial shapes by moving the two independent eye loops 5 on the elastic band 4”)]; and a second passageway extending from the first opening to the second opening [sliding groove, as noted above], [and] a strap [elastic band (4)] extending through the first passageway, wherein the first coverage portion [(5)] is movably attached to the strap [pg. 3 (“two 3D independent eye loops 5, and is adjusted to adapt to all facial shapes by moving the two independent eye loops 5 on the elastic band 4”)]; and wherein the strap [(14)] extends through the second passageway [pg. 3]. It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bruder such that either or both of the first and second eye coverage portions includes a passageway through the outer cover with first and second openings at opposed sides of the eye coverage portion, and wherein the strap extends through the passageway, allowing the at least one eye coverage portion to slide along the strap and reposition the at least one eye coverage portion relative to the other eye coverage portion to adjust a spacing between the first and second eye coverage portions, as taught by Zheng, since such a modification would provide the benefit/advantage of allowing the first and second eye coverage portions to move relative to one another on the strap to allow for greater adjustment/adaptation to all facial shapes, as explicitly taught by Zheng [see Zheng, pg. 3, (“the independent eye loops 5 are internally provided with sliding grooves, the independent eye loops 5 can be sleeved on the elastic band 4 through the sliding grooves”); pg. 3 (“two 3D independent eye loops 5, and is adjusted to adapt to all facial shapes by moving the two independent eye loops 5 on the elastic band 4”)]. NOTE: Bruder teaches that the “[t]he fill material 1140 is surrounded and contained by the inner pouch 1136 such that the fill material is unable to escape from the inner pouch 1136” [see ¶[0099]], and that “[t]he outer cover 1130 is configured to surround and contain the inner pouch 1136” [see ¶[0095]; see also FIGS. 39-42]. As such, as modified, the outer cover (1130) of Bruder would be capable of including the claimed openings and passageway without posing a risk of having the fill material (1140) spill or leak out of the eye coverage portions since the fill would be safely contained in the inner pouch (1136), which itself is placed within the outer cover (1130). 11. Regarding claim 14, Bruder teaches a therapeutic eye mask [¶[0094]; FIGS. 35-42], comprising: a strap [securing strap (1124) - ¶[0094]; FIG. 35]; first and second eye coverage portions [see ¶[0094] (“...two separate eye coverage portions 1120, each configured to deliver moist heat therapy... The mask 1100 is configured to be worn on the head of a human or animal patient with one of the eye coverage portions 1120 positioned over each eye of the patient”); FIGS. 35-36], each eye coverage portion [(1120)] comprising: a front side [(1126); FIG. 41] and a back side [(1128); FIG. 41] opposite the front side, the front side [(1126)] configured to be positioned over an eye region of a user when the mask is worn, and the back side [(1128)] configured to be directed away from the first portion when the therapeutic mask is worn [see ¶[0094] (“Each eye coverage portion 1120 has a front side or end 1126, configured to rest against the face of the patient (the inner or patient treatment side of the compress), and a back side or end 1128 opposite the front side or end (the outer or distal side of the compress)”)]; an outer cover [outer cover (1130) - ¶[0095]; FIGS. 38-42] and an inner pouch [inner pouch (1136) - ¶[0095]; FIGS. 39-42], the inner pouch containing a granular hydrophilic fill material [fill material (1140) - ¶[0099]] configured to deliver repeatedly absorb and release moisture and heat when used [see ¶[0099] (“the fill material 1140 is loosely contained within the inner pouch 1136 and comprises a synthetic porous crystalline granular aluminosilicate zeolite—e.g., a hydrophilic natural or synthetic zeolite, also referred to as a molecular sieve material—or other substances with similar properties. In the depicted embodiment, the fill material 1140 comprises a multiplicity of individual solid beads or granules that absorb and release moisture while generally maintaining their individual solid shape and consistency”); FIGS. 40-42]. PASSAGEWAY THROUGH THE OUTER COVER As noted above, Bruder teaches a securing strap (1124) for removably holding the therapeutic eye mask in place over the eye region of the user [e.g., FIG. 35]. Bruder further teaches optionally including an upper attachment strip along the top edge of the eye coverage portion [see ¶[0095]]. In Bruder, the securing strap (1124) appears to be fixed to the eye coverage portions. As such, Bruder does not teach: wherein each of the first and second eye coverage portions includes a passageway through the outer cover with first and second openings at opposed sides of the eye coverage portion, and wherein the strap extends through the passageway, allowing the eye coverage portions to slide along the strap and reposition the first and second eye coverage portions relative to one another. Zheng, in a similar field of endeavor, teaches a wearable mask [adjustable steam eye shade - Abstract, pg. 1], comprising: a first coverage portion [first independent eye ring/loop (5) - pg. 3; FIGS. 1-5] comprising: a first front side [inward-facing side including contact ring part (6) - pg. 3; FIG. 5] and a first back side opposite the first front side [the outward-facing side - seen in FIG. 2], the first front side [(6)] configured to contact a first portion of a body of a user [a first eye] when the wearable mask is worn [see pg. 3 (“the contact ring part 6 which is used for supporting around the human eye”)], and the first back side configured to be directed away from the first portion when the wearable mask is worn [shown in FIG. 2]; a first opening and a second opening [the first/second openings of the internal sliding grooves of the eye ring/loop (5) - see pg. 3 (“the independent eye loops 5 are internally provided with sliding grooves, the independent eye loops 5 can be sleeved on the elastic band 4 through the sliding grooves”); pg. 3 (“two 3D independent eye loops 5, and is adjusted to adapt to all facial shapes by moving the two independent eye loops 5 on the elastic band 4”)]; and a first passageway extending from the first opening to the second opening [sliding groove, as noted above]; and a second coverage portion [second independent eye ring/loop (5) - pg. 3; FIGS. 1-5] comprising: a second front side [inward-facing side including contact ring part (6) - pg. 3; FIG. 5] and a second back side opposite the second front side [the outward-facing side - seen in FIG. 2], the second front side [(6)] configured to contact a second portion [second eye] of the body of the user when the wearable mask is worn [see pg. 3 (“the contact ring part 6 which is used for supporting around the human eye”)] and the second back side configured to be directed away from the second portion when the wearable mask is worn [shown in FIG. 2], the second coverage portion further comprising: a first opening and a second opening [the first/second openings of the internal sliding grooves of the second eye ring/loop (5) - see pg. 3 (“the independent eye loops 5 are internally provided with sliding grooves, the independent eye loops 5 can be sleeved on the elastic band 4 through the sliding grooves”); pg. 3 (“two 3D independent eye loops 5, and is adjusted to adapt to all facial shapes by moving the two independent eye loops 5 on the elastic band 4”)]; and a second passageway extending from the first opening to the second opening [sliding groove, as noted above], [and] a strap [elastic band (4)] extending through the first passageway, wherein the first coverage portion [(5)] is movably attached to the strap [pg. 3 (“two 3D independent eye loops 5, and is adjusted to adapt to all facial shapes by moving the two independent eye loops 5 on the elastic band 4”)]; and wherein the strap [(14)] extends through the second passageway [pg. 3]. It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bruder such that each of the first and second eye coverage portions includes a passageway through the outer cover with first and second openings at opposed sides of the eye coverage portion, and wherein the strap extends through the passageway, allowing the eye coverage portions to slide along the strap and reposition the first and second eye coverage portions relative to one another, as taught by Zheng, since such a modification would provide the benefit/advantage of allowing the first and second eye coverage portions to move relative to one another on the strap to allow for greater adjustment/adaptation to all facial shapes, as explicitly taught by Zheng [see Zheng, pg. 3, (“the independent eye loops 5 are internally provided with sliding grooves, the independent eye loops 5 can be sleeved on the elastic band 4 through the sliding grooves”); pg. 3 (“two 3D independent eye loops 5, and is adjusted to adapt to all facial shapes by moving the two independent eye loops 5 on the elastic band 4”)]. NOTE: Bruder teaches that the “[t]he fill material 1140 is surrounded and contained by the inner pouch 1136 such that the fill material is unable to escape from the inner pouch 1136” [see ¶[0099]], and that “[t]he outer cover 1130 is configured to surround and contain the inner pouch 1136” [see ¶[0095]; see also FIGS. 39-42]. As such, as modified, the outer cover (1130) of Bruder would be capable of including the claimed openings and passageway without posing a risk of having the fill material (1140) spill or leak out of the eye coverage portions since the fill would be safely contained in the inner pouch (1136), which itself is placed within the outer cover (1130). 12. Regarding claims 21 & 30, the combination of Bruder and Zheng teaches all of the limitations of claims 1 & 14, respectively, for the reasons set forth in detail (above) in the Office Action. Bruder further teaches: [claims 21 & 30] wherein the granular hydrophilic fill material comprises hydrophilic zeolite granules [see ¶[0099] (“In example embodiments, the fill material 1140 is loosely contained within the inner pouch 1136 and comprises a synthetic porous crystalline granular aluminosilicate zeolite—e.g., a hydrophilic natural or synthetic zeolite, also referred to as a molecular sieve material—or other substances with similar properties”)]. 13. Regarding claims 22 & 31, the combination of Bruder and Zheng teaches all of the limitations of claims 1 & 14, respectively, for the reasons set forth in detail (above) in the Office Action. Bruder further teaches: [claims 22 & 31] wherein the granular hydrophilic fill material comprises nanobeads [e.g., ¶[0097] (“In example embodiments, the eye coverage portions 1120 can be constructed of a material containing nanobeads comprising an antimicrobial metal, medications, and/or other therapeutic material(s)”)]. 14. Regarding claims 23 & 32, the combination of Bruder and Zheng teaches all of the limitations of claims 1 & 14, respectively, for the reasons set forth in detail (above) in the Office Action. Bruder further teaches: [claims 23 & 32] wherein the granular hydrophilic fill material comprises an antimicrobial agent [e.g., ¶[0100] (“Various ion-exchange schedules as known in the art may be applied to produce retention of the silver or other metals in the fill material 1140. For example, the final content by weight of an atomic silver or silver composition, or other metals or antimicrobial agents, may be as high as twenty percent of the final loaded fill granules”); and ¶[0101] (“The presence of silver or other metals within the fill granules, while optional, may provide anti-microbial properties to the therapeutic eye mask system”)]. 15. Regarding claims 24 & 33, the combination of Bruder and Zheng teaches all of the limitations of claims 23 & 32, respectively, for the reasons set forth in detail (above) in the Office Action. Bruder further teaches: [claims 24 & 33] wherein the antimicrobial agent comprises silver [e.g., ¶[0100] (“Various ion-exchange schedules as known in the art may be applied to produce retention of the silver or other metals in the fill material 1140. For example, the final content by weight of an atomic silver or silver composition, or other metals or antimicrobial agents, may be as high as twenty percent of the final loaded fill granules”); and ¶[0101] (“The presence of silver or other metals within the fill granules, while optional, may provide anti-microbial properties to the therapeutic eye mask system”)]. 16. Regarding claims 25 & 34, the combination of Bruder and Zheng teaches all of the limitations of claims 1 & 14, respectively, for the reasons set forth in detail (above) in the Office Action. Bruder further teaches: [claims 25 & 34] a moisture barrier on the back side, between the outer cover and the inner pouch, to direct moist heat therapy toward the front side [see ¶[0094] (“Each eye coverage portion 1120 includes a moisture barrier material 1134, positioned towards the back or outer side 1128 of the eye coverage portion, configured to prevent moisture from escaping from the back or outer side of the eye coverage portion, thereby directing moist heat therapy toward the front or inner side for application to the eye region of the patient (i.e., in a patient-treatment direction)”); and ¶[0095] (“The moisture impermeable panel 1134 is configured to help prevent the moisture released from the fill material 1140 from escaping through the back end 28 of the eye coverage portion 1120, and better direct moist heat to the subject for treatment. In example embodiments, the panel 1134 can be simply held between the outer cover 1130 and the inner pouch 1136. In other embodiments, the panel 1134 can be attached to the outer cover 1130, the inner pouch 1136, or another part of the eye coverage portion...”)]. 17. Regarding claims 27 & 36, the combination of Bruder and Zheng teaches all of the limitations of claims 1 & 14, respectively, for the reasons set forth in detail (above) in the Office Action. Bruder further teaches: [claims 27 & 36] wherein a recessed area is formed at or around the center of the first and second eye coverage portions to reduce heat transfer to cornea regions of the user's eyes [Bruder teaches providing a divot, recess, depression, or other void configured to be positioned over the wearer's corneas when the mask is worn to help prevent the application of excess heat on and around the cornea, preventing conditions such as corneal warping – see, e.g., ¶’s [0077], [0088], & [0091]]. 18. Regarding claim 28, the combination of Bruder and Zheng teaches all of the limitations of claim 1 for the reasons set forth in detail (above) in the Office Action. Bruder further teaches wherein the strap comprises a flexible elastic material [¶[0094] (“the securing strap 1124 may comprise a flexible elastic material or strip”)]. 19. Regarding claim 29, the combination of Bruder and Zheng teaches all of the limitations of claim 1 for the reasons set forth in detail (above) in the Office Action. Bruder, as modified above (in the rejection of claim 1), further teaches wherein both of the first and second eye coverage portions include a passageway through the outer cover with the strap extending through the passageways, allowing both eye coverage portions to slide along the strap to adjust the spacing between the first and second eye coverage portions [see the rejection of claim 1 above, which is incorporated herein]. 20. Claims 26 & 35 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bruder and Zheng, as respectively applied to claims 1 & 14 above, and further in view of U.S. 2020/0337893 to Bruder et al. ("Bruder ‘893”) [made of record in Applicant’s 12/17/25 IDS]. 21. Regarding claims 26 & 35, the combination of Bruder and Zheng teaches all of the limitations of claims 1 & 14, respectively, for the reasons set forth in detail (above) in the Office Action. While Bruder teaches that the outer cover may be used to convey information to a user [see, e.g., ¶[0090] (“the outer or back side 1060 may comprise a more durable or rougher textured material having branding text or logos, or other coloration or indicia imprinted or otherwise applied thereon. Alternatively, instructional information may be imprinted or otherwise applied on one or both sides (for example, “this side toward you” printed on the inner or front side)”], the combination of Bruder and Zheng does not explicitly teach: [claims 26 & 35] a thermochromic ink indicator printed on the outer cover of at least one of the eye coverage portions to indicate a temperature that is either within a specified range or outside of a specified range. Bruder ‘893, in a similar field of endeavor, teaches a therapeutic device such as an eye mask or compress for delivery of moist heat therapy to a body part such as an eye of a human or animal subject. Example devices are configured to be worn with one or more eye coverage portions positioned over the subject's eye(s) [e.g., Abstract]. Bruder ‘893 further teaches that it was known to provide a thermochromic ink indicator printed on the outer cover of at least one of the eye coverage portions to indicate a temperature that is either within a specified range or outside of a specified range [see, e.g., ¶[0130] (“FIGS. 50A-B shows an eye mask 1300 according to another example embodiment of the present invention. As depicted, one or more of the eye masks, pods, or other materials or containers (e.g., containing the heat transfer medium/fill materials) as described herein can comprise thermochromic ink printed thereon. As depicted in FIG. 50A, a checkmark 1302 is visible and indicates that the temperature of the unit is safe for application to the face of the user. Preferably, the thermochromic ink comprises a customizable temperature range with a 1° C. accuracy. The thermochromic ink can be formulated for screen printing, UV and flexographic applications. When the temperature of the unit has exceeded the recommended application temperature, checkmark 1302 disappears, as shown in FIG. 50B. In alternate example embodiments, one or more thermally responsive indicators of various format may be applied to a thermal therapy compress or other treatment device to indicate a temperature that is either within a specified range, or outside of a specified range (for example an indicator stating “TOO HOT/COLD—DO NOT USE” or the like when outside of a specified temperature range, and/or “SAFE TEMPERATURE FOR USE” or the like when within a specified temperature range), for example by printing in thermochromic ink or other thermally responsive mode of application. Alternatively, or in addition, thermally responsive color indicators (e.g., green for use, red for do not use) may be applied”); FIG. 50A]. Given that Bruder already contemplates conveying information to a user via the outer cover [¶[0090]], it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the combination of Bruder and Zheng to include a thermochromic ink indicator printed on the outer cover of at least one of the eye coverage portions to indicate a temperature that is either within a specified range or outside of a specified range, as taught by Bruder ‘893, since such a modification would provide the benefits/advantages of, e.g.,: (1) helping to ensure user/wearer safety (and avoid a potential thermal injury to one or both eyes) by notifying the user when the therapeutic eye mask is either safe/unsafe for use; and/or (2) notifying a user that the mask is not at a desired (or effective) treatment temperature, thereby helping the user/wearer avoid an ineffective treatment session. RESPONSE TO ARGUMENTS 22. As noted above, the 07/24/26 Amendment has overcome the claim rejections under §§ 102 & 103 previously set forth in the 04/28/26 Action. 23. New grounds of rejection under § 103 are set forth herein, necessitated by Applicant’s Amendment. CONCLUSION 24. 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 extension fee 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 date of this final action. 25. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Bradford C. Blaise whose telephone number is (571) 272-5617. The Examiner can normally be reached on Monday - Friday, 8:30 AM - 4:30 PM MST. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, Joanne M. Rodden, can be reached at telephone number 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRADFORD C. BLAISE/Primary Examiner, Art Unit 3794
Read full office action

Prosecution Timeline

Jul 03, 2024
Application Filed
Apr 28, 2026
Non-Final Rejection mailed — §103
Jul 24, 2026
Response Filed
Oct 01, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12766017
MEDICAL DEVICE COMPRISING A BALLOON-STENT ASSEMBLY AND METHODS OF USING THE SAME
3y 5m to grant Granted Oct 20, 2026
Patent 12758299
TISSUE THERAPY ENERGY DELIVERY AT A TARGET PRESSURE
4y 1m to grant Granted Oct 13, 2026
Patent 12740888
TREATMENT APPARATUS AND METHODS
7y 2m to grant Granted Sep 22, 2026
Patent 12702472
CAUTERY PUNCTURE NEEDLE
2y 11m to grant Granted Aug 11, 2026
Patent 12678210
Cryogenic Device and Method for Treatment of Rhinitis
2y 5m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
60%
Grant Probability
92%
With Interview (+31.4%)
3y 5m (~1y 2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 306 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month