DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on April 14, 2026 has been entered. Claims 1, 4-7, and 10-14 remain pending in the application. Applicant’s amendments to the specification and claims have overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed January 15, 2026.
Response to Arguments
Specification:
Applicant amended the specification and addressed all previous objections. The previous objections have been withdrawn.
Claim Objections:
Applicant amended the claims and addressed all previous objections. The previous objections have been withdrawn.
35 U.S.C. § 112(b):
Applicant amended the claims and addressed all previous 35 U.S.C. 112 rejections. The rejections have been withdrawn.
35 U.S.C. § 102:
Applicant’s arguments filed April 14, 2026 with respect to a lack of prima facie case of anticipation in claims 1, 7 and 13 have been considered but are moot because of the new ground of rejection. The below response addresses arguments still relevant to the new ground of rejections set forth below.
35 U.S.C. § 103:
On pages 7-8 of Applicant’s response, Applicant argues that Kim in combination with Kallman does not provide analogous art to the limitations of claims 4 and 10 and thus, cannot support an obviousness rejection. Examiner agrees that Kim in combination with Kallman does not provide analogous art in view of the limitations of claims 4 and 10. See the new ground of rejection set forth below.
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.
The factual inquiries 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.
Claims 1, 4, 6, 7, 10, 12, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20190138047 A, published 12/12/2019) in view of Buelow (US 8894419 B1, published 11/25/2014).
Regarding claims 1 and 7, Kim discloses a mask for treatment of skin of a user's face (100 in Figure 1 and “detachable cosmetic mask” [0036]), the mask comprising:
an upper unit (110a and 110b in Figure 1 and [0037]);
the upper unit including an upper plurality of integrated light emitting diodes for treatment of skin of the user's face (126 in Figure 4 and “LED light source” [0045]):
the upper unit further including power ([0018]) and control electronics ([0063], 180 in Figure 1):
and a lower unit (110c and 110d in Figure 1 and [0037]);
the lower unit including a lower plurality of integrated light emitting diodes for treatment of skin of the user's face (126 in Figure 4 and “LED light source” [0045]);
the lower unit detachable from the upper unit (“a main body portion 110 and a connection block 150 for detachably coupling the plurality of main body portions” [0037]);
a magnetic connector removably joining the upper unit to the lower unit (“magnet may be disposed inside the body portion as described later, so that the connection block and the main body portions and may be detachably coupled to each other by a magnetic force” Fig. 5, [0052]);
the magnetic connector carrying electrical power and signal from the upper unit to the lower unit (“connection block not only physically couples each of the separated body parts 110a, 110b, 110c, and 110d, but also electrically interconnects them” [0048]);
wherein the upper unit can operate alone to provide treatment of skin of the user's face, or the upper unit can operate in combination with the lower unit to provide treatment of skin of the user's face;
whereby the user can choose whether to wear the upper unit alone, or the upper unit and the lower unit together (“control unit connected to any one of the main body units to control the operation” [0021], [0040], and ”the main body portions…can be separated” and “main body portions…can be coupled as a complete body” [0041] and Figure 1).
Further regarding claim 7, for the limitation of “removable lower half allows a user to speak or eat while wearing the facial skin treatment device”, the mask of Kim includes a concave portion 114 for exposing the mouth portion of a user’s face (Figures 1 and 2 and [0039]), which would allow a user to speak and eat while wearing the mask. This mask arrangement of Kim appears to be the same arrangement in applicant’s disclosure to allow eating and speaking while wearing the mask (120 in Figure 7 of the instant application).
Kim discloses that the scope of the present invention is not limited to the above-described embodiment, but may be embodied in various forms of embodiments within the scope of the appended claims. Without departing from the gist of the invention claimed in the claims, it is intended that any person skilled in the art to which the present invention pertains falls within the scope of the claims described herein to various extents which can be modified [0081].
Kim does not disclose the magnetic connector including a magnetic connector protrusion associated with the upper unit and a magnetic connector recess associated with the lower unit, the magnetic connector protrusion fitting within the magnetic connector recess;
the magnetic connector protrusion having an outside perimeter and the magnetic connector recess having an inside perimeter, the outside perimeter of the magnetic connector protrusion resting against the inside perimeter of the magnetic connector recess.
However, Buelow teaches a magnetically connected universal computer power adapter (Abstract). The main body (524) of the charging plug (520) has a similar but larger shape (Fig. 5 and Col 5., lines 1-2). This allows the connection face (526) of the charging plug to have an outer wall (528) and a recessed portion (530), where the recessed portion is sized to receive the connection face (514) of the cord connector (510) within the outer wall (Fig. 5 and Col. 5, lines 2-5). The cord connector is sized so that it fits fairly closely within the recess, which ensures alignment of all connection pins (Col 5, lines 10-12). As shown in annotated Fig. 5 below, the charging plug protrusion has an outer perimeter and the recessed portion has an inner perimeter.
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Further, Buelow teaches the many features and advantages of the invention are apparent from the above description. Numerous modifications and variations will readily occur to those skilled in the art. For example, the universal computer power adapter could be altered to provide plugs for other electronic devices such as mobile devices, televisions, media players, etc. Since such modifications are possible, the invention is not to be limited to the exact construction and operation illustrated and described (Col. 7, lines 53-61).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the mask for treatment of skin of a user’s face of Kim with the magnetic power adapter of Buelow because this modification optimizes the design of the mask. The magnetic power adapter allows for a strong connection between the upper and lower units of the mask while structurally, seamlessly integrating into the upper and lower units. It is acknowledged by both Kim and Buelow that modifications and variations to the claimed inventions can be made, and the present invention does not assign any criticality to the limitation of the protrusion being associated with the upper unit, and the recess being associated with the lower unit.
Regarding claims 4 and 10, Kim discloses mask for treatment of skin of the user’s face as described in claims 1 and 7 above.
Kim does not disclose wherein the magnetic connector further comprises:
a grounding pin that mates with a grounding socket;
a first signal pin that mates with a first signal socket;
a second signal pin that mates with a second signal socket;
the magnetic connector therefore acting both as a physical connection and a connection that carries electrical signals and power between the upper unit and the lower unit.
However, Buelow teaches the coupling shown in FIG. 5 includes only three pins…outer pins (532, 536 in Fig. 5) carry the same power signal (such as a positive voltage), while the inner pin (534 in Fig. 5) carries the second power signal (such as ground) (Col. 5, lines 14-19). When the cord connector is properly aligned and inserted into recess, the outer pins will attract each other (Col. 5, lines 35-37). This allows for a physical connection between the upper unit and lower unit, as well as a physical connection between the cord connector and recess, ultimately allowing for the passage of electrical signals, as is well known in the art.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the mask for treatment of skin of a user’s face of Kim with the magnetic power adapter of Buelow because the use of the recess helps retain and position the two components of the coupling, ensuring the upper and lower components of the mask are strongly connected (Col. 5, lines 42-43).
Regarding claims 6 and 12, the modified device of Kim discloses the mask for treatment of skin of the user’s face as described in claims 1 and 7 above, wherein the lower plurality of integrated light emitting diodes for skin treatment includes a lip treatment region (“lower light emitting diodes for skin treatment may be formed below the user's left or right mouth and having a recess formed to cover a user's left or right mouth and exposing the left or right part of the mouth” Kim, [0039]).
Regarding claim 13, Kim discloses a skin treatment device (100 in Figure 1 and “detachable cosmetic mask” [0031]) that allows a user to decide whether to treat all of a face or only an upper half of the face (“control unit connected to any one of the main body units to control the operation in [0021], [0040], and [0041] and Figure 1), the skin treatment device comprising:
an upper half (110a and 110b in Figure 1 and [0037]) and a lower half (110c and 110d in Figure 1 and [0037]);
the upper half and lower half each including a plurality of light emitting diodes (126 in Figure 4 and “LED light source” [0045]);
the upper half further including control (180 in Figure 1 and [0063]) and power mechanisms to operate the plurality of light emitting diodes (“control unit 180 may adjust the intensity of the light emitting unit…input terminal 182 which is a winding connecting the control panel 184 and the main body 110” in [0063]);
the upper half removably attachable to the lower half via a magnetic connector (“magnet may be disposed inside the body portion as described later, so that the connection block and the main body portions and may be detachably coupled to each other by a magnetic force” Fig. 5, [0052]);
interaction of the protrusion with the recess preventing the second half from sliding with respect to the first half, therefore preventing the lower half from sliding away from the upper half (“physically couples the separated main bodies”, the magnetic connector protrusion of Kim would prevent the magnetic connector recess from sliding away by connecting the upper and lower halves physically through the magnetic connector, [0048]).
Kim does not disclose the magnetic connector including a first half with a protrusion and a second half with a recess;
the protrusion having an outside perimeter and the recess having an inside perimeter, the outside perimeter of the protrusion resting against the inside perimeter of the recess:
the first half with a protrusion associated with the upper half, and the second half with a recess associated with the lower half.
However, Buelow teaches the connection face (526) of the charging plug has an outer wall (528) and a recessed portion (530), where the recessed portion is sized to receive the connection face (514) of the cord connector (510) within the outer wall (Fig. 5 and Col. 5, lines 2-5). The cord connector is sized so that it fits fairly closely within the recess, which ensures alignment of all connection pins (Col 5, lines 10-12). As shown in annotated Fig. 5 below, the charging plug protrusion has an outer perimeter, and the recessed portion has an inner perimeter.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to combine the mask for treatment of skin of a user’s face of Kim with the magnetic power adapter of Buelow because this modification optimizes the design of the mask. The magnetic power adapter allows for a strong connection between the upper and lower units of the mask while structurally, seamlessly integrating into the upper and lower units. It is acknowledged by both Kim and Buelow that modifications and variations to the claimed inventions can be made, and the present invention does not assign any criticality to the limitation of the protrusion being associated with the upper unit, and the recess being associated with the lower unit.
Regarding claim 14, Kim discloses the skin treatment device as described in claim 13 above, wherein the upper half is operable separately, or in combination with the lower half (Figure 1 and ”the main body portions…can be separated” and “main body portions…can be coupled as a complete body” [0041]).
Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Buelow (hereinafter known as the modified device of Kim), and further in view of Johan et. al, (US 10688314 B2, published 06/23/2020, hereinafter known as Johan).
Regarding claims 5 and 11, the modified device of Kim discloses the mask for treatment of skin of the user’s face as described in claims 1 and 7 above, wherein the upper plurality of integrated light emitting diodes for skin treatment is divided into a hairline treatment region (“present invention may be variously modified…it may be formed to cover the scalp together” [0040]) and an eye treatment region (“cosmetic mask may include a first main body covering the periphery of the left eye of the user and a second main body formed symmetrically with the first main body to cover the periphery of the right eye of the user, both having a through-hole so that the eyes are exposed” [0039]).
However, the modified device of Kim does not teach wherein the user can choose which regions to activate.
Johan teaches a light treatment device comprising a carrier, having an opening for positioning over and viewing a treatment area and a light emitter for providing treatment light to the treatment area (Abstract). The position relative to the light treatment device, size and/or shape of the treatment area are adjustable. This can enable different treatment areas to be selected (col. 5, lines 65-67).
Therefore, it would be obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include the ability to select different light treatment areas of Johan with the treatment of skin of a user’s face of Kim because dependent on the kind of treatment, the effects of treating healthy skin can differ from seriously impacting a patient's health to less serious cosmetic effects, so it would be advantageous to enable specific skin sites to be selected and treated in order to minimize such side effects (Johan, col. 1, lines 28-30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FIONA M KOWALKOWSKI whose telephone number is (571)272-2790. The examiner can normally be reached Monday-Friday 7:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Unsu Jung can be reached at 571-272-8506. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.M.K./Patent Examiner, Art Unit 3792
/ALLEN PORTER/Primary Examiner, Art Unit 3796
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